We are often asked about when a couple should seek divorce mediation as opposed to an uncontested divorce. Many married parties wish to remain amicable durin their divorce and are seeking the best process to keep them amicable while they determine the terms of their divorce. Some parties do not wish to even file their complaint for divorce until they know the terms of their divorce in an effort to avoid a litigated divorce.
If parties are amicable but are having a problem determining the terms of their divorce, divorce mediation may be a choice.
Alternatively, if the parties essentially agree upon all the terms of their divorce, these parties may seek to have an uncontested divorce where the attorneys they hire seek to settle the case and not litigate the case.
Regardless, whether by divorce mediation or an amicable settling of the case before litigation, the goal of the parties is generally to have a property settlement agreement drafted that contains all the terms of their divorce, including alimony, custody, parenting time, child support and equitable distribution of property, including any marital residence, tax-deferred accounts, retirement accounts and pensions.
Upon agreement of terms in a property settlement agreement, the parties may have an uncontested divorce put through in the courts. This avoids the litigation that parties are seeking when they are generally amicable and have agreed upon the terms of their divorce through divorce mediation or attorneys collaborating to settle the case amicably before the litigation process begins.