Uncontested Divorce Doesn’t Mean Absence of Conflict
Uncontested Divorce Mediation
Posted November 14, 2018
Even when a couple agrees the best solution to their ongoing marital issues is divorce, there are still issues which cause conflict. Unfortunately, the traditional divorce process in Illinois and Colorado usually means these conflicts require intervention between two attorneys who have no vested interest in the outcome. This is one of the reasons more couples than ever are turning to divorce mediation to help avoid conflict during an uncontested divorce in Chicago.
Typical Uncontested Divorce Conflicts
While a couple may agree to begin the divorce process, there are still some areas which may be hotly contested. The most challenging aspects of divorce include:
- Child Custody and Parenting Plans
- Property and Debt Division
- Child and Spousal Support
One of the most significant problems to resolving these issues is they are deeply personal for both parties. Finding a resolution can be time consuming, expensive, and could result in the future relationship between the couple and their children being harmed. Divorce mediation may be the answer. Not only is this process less time consuming, it is less expensive, and because it does not involve the courts, is often less contentious.
Regardless of the reasons your marriage has broken down, or how willing you are to proceed with a divorce, you and your spouse have emotional ties to each other, your marital property, and your children. Emotional responses to problems lead to conflict which often means an otherwise amicable relationship gets destroyed in the process of resolving those conflicts.
Resolving Property and Debt Division Issues
Whether you are arguing over a new car which was purchased, your marital home, or there is a disagreement about retirement account divisions, these issues can often be resolved by having an unbiased third party at the table. One advantage of working with a mediator is they do not bring emotion into the discussion.
We will take the time to evaluate your debt and your assets. Once we have established a comprehensive list of each asset and debt, we will begin by determining each spouse's financial ability to maintain an asset and their ability to repay a debt. Regardless of your personal feelings, neither spouse should walk away from the table in a financial straitjacket, you need to be able to move forward with your individual lives.
The goal of mediation is to find a fair and equitable settlement which both parties can agree with and present this to the courts. The process of divorce mediation provides an opportunity to understand each other's position and find common ground.
Child Custody and Parenting Plans
Every divorce where there are children involved is complicated. Even in cases of an uncontested divorce, parents often disagree on what is best for their child or children. Both parents typically agree it is in the best interest of the children to have a loving relationship with both parents. This fact is typically not in dispute, but there are other matters which must be resolved. Issues like the right to make educational, religious, and medical decisions for the children. In many cases, the solution to this would be joint legal custody, giving both parents an equal say in these matters.
Physical custody means you must have a plan in place for visitations. Our goal will be to find common ground on what schedule works best for you, but also encourages the children to have the opportunity to maintain a good relationship with both parents. We can help you work out details regarding regular visitations, school vacation time divisions, and division of holidays which will help foster a more positive relationship between the parents and children.
When you cannot agree on these items and leave it up to the courts to make these decisions, the chances are no one will be happy with the outcome. Remember, it is in the best interest of your children for you and your soon to be ex-spouse to maintain a civil relationship. This is another primary reason couples turn to mediation during an uncontested divorce in Chicago. Since decisions are reached mutually, even when the process is difficult it is generally less contentious than a court proceeding.
Child and Spousal Support
Both Illinois and Colorado take into consideration the financial capability of both spouses when determining child support. Both states also may award spousal support depending on the finances of each party.
Children should be financially supported by both parents. Their support includes day-to-day expenses including food, shelter and clothing. Expenses like child care, education, and healthcare also play a role in determining how much support one parent may have to make to the other. In most cases, but not all, the non-custodial parent will be making these payments to the custodial parent. We can help you reach an agreement that provides for the financial security of your children without involving the courts.
Spousal support payments may be temporary or may be more long-term. In cases where one spouse has not worked for many years because they have been maintaining the household, spousal payments are generally more long-term until the non-working spouse is able to get the skills they need to secure employment on their own.
Spousal support calculations are more complex than child support because of the factors involved. Typically, the length of the marriage, the standard of living enjoyed by the parties during their marriage, and the age and health of the spouses are taken into consideration.
Reaching an Agreement Means You Have an Uncontested Divorce
Couples often think an uncontested divorce is when both parties agree on everything up front. However, this is not usually the case, in fact, in most cases, an uncontested divorce in Chicago occurs when the couple is able to reach an agreement on issues which they disagree. The process of mediation can help you overcome the most common conflicts you are facing and allow you to go into court with a full parenting plan, property division plan and a plan for support. Uncontested divorce means you have settled your differences and are ready to have your divorce plan approved by the court.
Contact Uncontested Divorce Experts in Chicago Today
If you want to learn more about Split Simple's approach to resolving disputes which occur during the divorce process, call (855) 665-9920 or contact Split Simple today for a free consultation. Learn how you can resolve these differences through mediation.
Two Prudential Plaza
180 North Stetson Avenue #3500
Chicago, IL 60601