Spouses can face difficulties in their lives that can lead to divorce. When couples consider divorce, they have a few options. They may consider mediation as a way to work through their issues or they may have to enter into litigation to decide on marital issues. Before filing for divorce, it is best to speak to a professional attorney. They can present you with your options and give you some advice on what to expect. After seeking the help of a lawyer, you can file for divorce.
How is a contested divorce different from an uncontested divorce?
When filing for divorce, individuals have the option of citing a fault ground. However, they may also claim no-fault for the paperwork. During divorce proceedings, they can become contested or uncontested. Some divorces can start as uncontested and turn into a contested divorce if couples cannot agree on certain terms. An uncontested divorce is when a spouse files for divorce and both spouses are able to agree on the terms to the divorce. These terms can include child custody arrangements, child support, alimony, the division of assets and more.
If couples cannot agree on the terms to the divorce including various factors then they may enter into a contested divorce. This means that they will have to go through litigation to decide on certain factors, including child custody arrangements, the division of assets, alimony and more. With a judge’s decision, the spouses will have to abide by the court-ruled decisions. This can help to settle issues between the divorcing individuals.
How can mediation benefit more than a contested divorce?
Instead of contesting a divorce, couples may be able to reach a compromise through mediation. Since mediation allows spouses to work together with a neutral third party, they may have a better chance of reaching an outcome that satisfies both parties. Court proceedings in a contested divorce may have the opposite effect. Spouses may be more stressed in litigation since they do not have as much control over the final decision made by a judge.
Through mediation, couples are enabled to work together, which can lead to many benefits. Spouses can maintain a respectful demeanor with one another since they will not have to fight in court. They can discuss their concerns regarding the terms of their divorce in an honest and open manner. With this process, the cooperation of all parties is needed.
The law firm of Mattleman, Weinroth & Miller, P.C., is composed of experienced defense attorneys throughout the state of New Jersey. Please contact the office for a free initial consultation and get any questions answered regarding criminal charges and procedures.