Will Mediation Help with My Uncontested Divorce?
An uncontested divorce is one way of speeding up the dissolution of your marriage and possibly saving money in the process. However, getting couples to agree to the terms of the divorce is a challenge, especially when couples have been married for several years. Over that time, you probably have acquired considerable property and might even have children together. To obtain an uncontested divorce, you need to find agreement on all critical issues, including child custody. Can mediation help spouses reach agreement?
Should You Pursue Mediation for Your Uncontested Divorce in Florida?
Mediation involves meeting with a neutral person to discuss your dispute. Typically, the mediator is a former judge or an experienced lawyer who has practiced family law. This person does not represent either side. They also do not decide a “winner.” Instead, their skill set involves nudging the two sides to find areas of agreement. Some mediators can also propose creative solutions to any dispute.
For example, one major area of disagreement is often child custody. Both parents might want primary custody, or you cannot arrive at a parenting plan that both agree on. A mediator can look at your schedules and help craft a plan that is workable for both parents.
Mediation might be useful, but it is not required unless you file a contested case. Most of our clients are hoping to file an uncontested divorce because the process will be faster. But that means putting in more legwork ahead of the filing. You might decide to go to mediation with your spouse before even filing for divorce.
If successful, the mediator (or your lawyers) can draft a marital settlement agreement laying out the terms of divorce regarding:
- Child custody and child support
- Property division and division of debts
- Alimony
You can then submit the marital settlement agreement to the judge for approval after attending a hearing. The judge will need to sign off on the terms of the agreement before issuing the divorce decree.
How a Lawyer Can Help
Some couples immediately agree on all issues, and it’s incredibly relieving when that happens. But if you and your spouse are far apart on certain issues, it’s okay to seek help. Hire an experienced divorce lawyer for assistance with negotiation. We can also discuss if you should seek pre-filing mediation or if you should wait until you file a contested case.
A lawyer is always helpful if you find yourself in mediation, too. You need to understand how a court will likely decide an issue (like custody or alimony) to determine whether a proposed settlement works for you.
Contact Empowerment Legal Today
Uncontested divorce allows spouses to exit their marriage with minimal fuss. Unfortunately, too many couples are far apart on the most important issues in their marriage, including custody and alimony. They need help to reach an agreement. Mediation is one tool in the toolbox.
Reach out to Empowerment Legal to talk with a Jacksonville divorce lawyer. Our firm has the right experience to guide men and women through the divorce process.