Top 5 Differences Between Uncontested Divorce and Courtroom Divorce
Uncontested Divorce Mediation
Posted January 17, 2019
The idea of an uncontested divorce in Denver sounds pretty good to most couples. Although uncontested doesn’t necessarily mean easy, simple, or even amicable, it does mean that you and your former spouse come to an agreement rather than letting the court decide.
Although we often imagine divorces playing out in court, many couples can come to an agreement together with the proper mediation and assistance, even when they’re feeling hurt or angry. There are a few key differences between uncontested and courtroom divorces that you will want to be aware of as you decide how to proceed with yours.
Speed and Convenience
Uncontested divorces generally proceed at a faster pace, because the couple is not at the mercy of the court’s schedule. Instead, you can meet with a Denver divorce mediator as your schedule allows and work through the process more quickly. A pre-mediation questionnaire and checklist give you an opportunity to provide valuable information to your mediator before getting together; this saves time in mediation itself.
Court dates are assigned, which could mean missing work or scrambling for childcare so you can be in the courtroom at the appointed time. In an uncontested divorce, you choose an appointment that works with your schedule, on your timeline. Since you decide upon your mediation plan in advance, you know how many appointments you’ll be having, and you can schedule them all. There won’t be any unexpected meetings to attend.
Hourly attorney fees can mount if your courtroom divorce stretches out longer than you planned—it can go on for months or even years. Even if you “win” in court, you may end up giving your share to your lawyers. With an uncontested divorce in Denver, you can choose the pricing plan that’s right for you based on your unique needs as a couple. How much mediation you might need depends upon a variety of factors:
- Value and complexity of your estate
- Each spouse’s income
- Value of each spouse’s retirement plan
- Co-ownership of assets
- Whether or not you disagree on certain aspects of your divorce
Split Simple offers an up-front pricing plan according to your needs, and it all starts with a free consultation to help you determine which plan is right for you. There are no surprises or unexpected expenses, so you can accurately budget for your divorce from the beginning. It is generally far less expensive than a contested divorce that may draw out for months.
Most of us don’t imagine we’ll ever end up in court, and the thought of standing in front of a judge, who is deciding your fate, can be nerve-wracking. In a courtroom divorce, decisions get made that may benefit one spouse and not the other. It may also be difficult to understand the reason behind certain decisions, and explanation is rarely offered. The decisions made in that courtroom will impact you and your family for years to come; that’s stressful enough, but continuing to wonder why it happened the way it did will add stress to your life, as well.
Mediation is a calmer, lower-stress solution. The Denver divorce mediator works with both spouses together, so there’s no “us against you” mentality that can be created when each spouse has his or her own lawyer. We’re all working together.
You’ll meet privately with your spouse and the mediator to discuss allocation of your assets and, when applicable, a parenting plan for your children. In an uncontested divorce in Denver, you and your spouse come to an agreement together, and the court simply rules on that agreement to finalize your divorce. We’ll provide all the paperwork and documentation you need to complete that process, and at Split Simple, we offer ongoing support until the divorce is finalized.
Mediation is also less stressful for your children. Research indicates that conflict within a divorce is what has the greatest negative impact on children. If you can minimize conflict and come to an agreement, your children experience a smoother transition, as well.
Anything that happens in court is a matter of public record. This includes financial records as well as the court proceedings themselves; sometimes, it includes embarrassing material that can damage a reputation.
The details of your marriage are no one’s business but yours. Mediation is private and confidential, and your Denver divorce mediator cannot testify in court.
The do-it-yourself approach can be risky when it comes to divorce. Legal and financial matters are complicated, and it’s easy to make a mistake or unwittingly allow your spouse to take the upper hand and come to an agreement that sounds fair but doesn’t serve one of you in the long run.
Mediation for an uncontested divorce in Denver bridges the gap between DIY and complicated, time-consuming litigation. You get the assistance of a professional attorney to guide you through the process. At Split Simple, we use the latest technology for estate allocation and cash-flow analysis; our process is data-driven and backed by years of experience.
Right now, the details of your divorce might seem overwhelming, but a judge isn’t the only person who can sort it out. Denver divorce mediator are skilled at helping you find a middle ground, even if you’re struggling to do that on your own. Our Denver divorce mediators carefully consider both the present and future implications of any decision and make sure your agreement is clear and understandable so you both know exactly what you’re agreeing to, and we do it in a calm, drama-free environment.
A courtroom divorce is basically an ongoing argument. An uncontested divorce in Denver is a conversation. That doesn’t mean it’s not emotional or challenging, but it does mean that both spouses are working together for a common good. Every couple is different, and there may be circumstances that require a traditional courtroom divorce, but in our experience we have found the majority of divorces can be completed via mediation.
Is uncontested divorce the right solution for you? Call us at (855) 665-9920 to find out. At Split Simple, we’re happy to answer any questions you might have regarding our process. If you’re looking for a simpler, more efficient, more cost-effective alternative to the courtroom divorce drama, uncontested divorce is the way to go. contact Split Simple today to get started.