Uncontested and Collaborative Divorce

Not all divorces are a fight or a contest of wills. Some couples are able to agree, either out of a genuine desire to remain civil or through a desire to have the process completed in simpler, more efficient and quicker manner.  Going through a divorce is something that most people want to finish as soon as possible and the longer it continues, the longer it may take for them to move on with their lives. Uncontested divorce is an option for those couples who reach agreements on their own on the issues such as child custody, child support, spousal support and any other issue related to divorce or legal separation.

It may help to see a marriage as a contract entered in at the time of the ceremony. In order to divorce that Marriage contract must be replaced by a new contract: The Marital Settlement Agreement (or the MSA). For a divorce to be uncontested the parties must agree completely and fully on every part of a MSA. If there is any disagreement at all the divorce is not uncontested. 

An uncontested divorce is typically far less stressful as you and your spouse are able to control what goes into the MSA. This usually takes a bit of give and take and while each party might not get everything they want, they both will likely get more of what they want should the case be handled in the “traditional” manner with a judge deciding. 

This form of divorce is also more affordable and the quickest as you may be able to avoid things like discovery (where each party has to turn over things such as financial information) mediation and a drawn out final hearing. 

The short answer is yes! Reaching an agreement with your spouse is just the first step. Once an agreement has been reached, it is critical that the terms you have worked so hard to negotiate are accurately and completely reflected in the paperwork and that the final agreement and all other documents such as Parenting Plans and Child Support Worksheets are expertly drafted by a qualified Attorney so that the process can move forward Showing up with improperly completed documents will result in being turned away by the Court, causing delays and other problems.

A collaborative divorce helps each spouse anticipate their needs in moving forward and include these in the discussions. When children are involved, collaborative divorce makes their future a number one priority. As a more respectful, dignified process, collaborative divorce helps families make a smoother transition to the next stage of their lives. In this form the parties work with an Attorney to work through the issues either represented by their individual Attorney’s or by representing themselves.  

Collaborative practice is guided by a very important principle: respect. By setting a respectful tone, collaborative practice encourages the divorcing spouses to demonstrate compassion, understanding and cooperation. In addition, collaborative professionals are trained in non-confrontational negotiation to help keep discussions productive. The goal of collaborative practice is to build a settlement on areas of agreement, not to perpetuate disagreement.

Whether you are contemplating or are in the midst of a divorce proceeding, one of the foremost concerns in many individuals' minds is the unpredictable nature of the cost. In uncontested divorces where you and your spouse have worked hard to resolve the issues on your own, ClarksLaw LLC offers flat-fee arrangements which will allow you to know,o up front, what the attorney fees and costs will be. Having a predictable fee structure means you have one less thing to worry about. Divorce is both an ending and a beginning.