What is an Uncontested Divorce?
In order to begin a divorce, spouses can cite either “fault” or “no-fault” grounds. When an individual cites no-fault grounds as the reason for their divorce, it means they do not wish to hold their spouse responsible for the end of their divorce. These situations often mean that their marriage has broken down and the two believe it cannot be fixed. If the spouses can agree to the terms of their divorce, it is known as an uncontested divorce. Sometimes, it is also referred to as an “Irretrievable Breakdown of Marriage.”
Before a divorce is considered final, couples are required to resolve their marital issues. When a divorce is uncontested, there are several ways this can be accomplished. Divorce does not always occur through litigation. In fact, there are alternative methods available to couples that allow them to settle these matters. This can include mediation, arbitration, or a collaborative divorce. All of these methods are different in their own way and can benefit couples differently depending on their personal situation. Throughout these processes, spouses can discuss marital issues such as child custody and support, alimony, parenting time, division of assets, and more.
One of the most common alternative methods of litigation is mediation. This is a process that brings two spouses together to settle the terms of their divorce through discussion. During this time, they negotiate their marital issues in order to reach amicable decisions regarding their future and the future of any children they may have. This process takes place with the assistance of an unbiased third party who exists to help spouses attain peaceful negotiations. They listen to both sides in order to mediate any disagreements that arise between the two.
Mediation has no set length, as it lasts as long as the spouses need to reach an agreement. Once they do, the mediator can draft an agreement that all parties sign before it can be presented to a judge for approval.
Throughout a collaborative divorce, spouses partake in a series of four-way meetings. During so, they communicate their desires regarding their marital issues with their spouse in order to come to an agreement on how to resolve them. These meetings take place with the help of both spouses’ attorneys to guide them towards making decisions that are best for them.
This process is supported by a Participation Agreement that must be signed by all parties, including the attorneys. The agreement holds all parties responsible for putting in the effort to make the process work. In the event that it does not and couples go to litigation, the document prohibits the attorneys from further representing the spouses in the case.
Arbitration is another process that requires the help of an outside party. However, this party acts as a judge instead of a mediator or attorney. This individual is given the right to make decisions for the spouses instead of them doing so for themselves.
Contact our New Jersey firm
If you need an experienced legal team to guide you through your divorce, contact Townsend, Tomaio & Newmark L.L.C today.