January 10, 2014 /24-7PressRelease/
-- Divorce isn't easy on anyone. The issues that are the most common during the end of a marriage, such as alimony, property division, child support and child custody, can drag out the divorce process
and be financially as well as emotionally draining. When a couple can't come to an agreement on their divorce terms, it can seem to take forever. Many divorcing spouses may wish for an easier way to get the process over with and get on with their lives.
There are a couple of ways that a divorce can be completed faster and more cost-effectively than taking the matter to court. According to the Chicago Times, uncontested divorces are gaining in popularity as people are looking for more ways to save money in these troubled financial times. By not taking a bitter battle to court, children can be spared much of the heartache and stress of their parents' divorce. Out of the more than 46,000 divorces in New York that the U.S. Census reported in 2009, many of them may have been mediated or collaborated divorces, as opposed to traditional litigation.
Differences between the most popular types of divorce
Before deciding immediately that an uncontested divorce is for you, it's important to understand the differences between mediation and collaboration, or if a litigated divorce is the best option.
In a collaborative divorce, each spouse brings his and her own attorney to the proceedings, as well as any therapists, consultants, financial advisors and other professionals. This process is helpful for couples who have high assets at stake or may need extra help in coming to an agreement. It can be cheaper than a contested divorce, but because several people are involved, it usually costs more than mediation.
In mediation, a neutral third party sits down with the couple and helps them draft an agreement that they can both be happy with. The mediator can be an attorney or a certified mediator. When each spouse is able to listen and have a respectful conversation with each other, the process can be over with quickly and at a fraction of the cost of litigation. Mediation benefits children when their parents can agree over custody arrangements
Taking the matter to court can't always be avoided. Sometimes a couple who attempts an uncontested divorce may decide they need a judge to sort things out. Other times, the attorneys may be able to resolve issues outside the courtroom. If one spouse feels intimidated, afraid or that there is a power imbalance, litigation may be the best option.
In cases where substance abuse or domestic violence were problems during the marriage, it's not advisable to attempt a mediated or collaborated divorce.
An attorney can help
Whether you're hoping to resolve your split quickly through an uncontested divorce, or if you feel that litigation is necessary, an experienced divorce attorney will be able to protect your interests and help you come to the best possible solution.
Visit us at manhattandivorcelawyer.org/