Atkinson & Kelsey, P.A.
Local:505-796-6238 Toll-Free:888-350-5903
Map & Directions Menu

Settle an uncontested divorce through mediation

Even though divorce is often the best choice that Albuquerque couples stuck in a crumbling marriage can make, that doesn't mean that it's not stressful and confusing. This may be especially true for those whose divorce will ultimately go through a courtroom trial. However, there is an alternative to a lengthy and emotionally difficult courtroom trial -- divorce mediation. This may work especially well in an uncontested divorce, in which there aren't very many disagreements.

Mediation offers a number of benefits. Because it is non-adversarial in nature, mediation can help couples going through a divorce resolve their divorce issues together, rather than pitting one spouse against the other. In mediation, the spouses are ultimately in control of what will be discussed and what the final terms of their divorce agreement will be. Mediation may also be less costly and save time in comparison to the costs and time associated with a courtroom trial.

In mediation, couples can also take as long as they need to reach an agreement. In comparison, overloaded judges may rush through a divorce case, which may not be in the benefit of either spouse. Moreover, mediation offers a measure of flexibility. When a divorce is litigated, it is the court that sets the schedule of when divorce proceedings will be held. Mediation, on the other hand, allows couples to create their own schedule for negotiating their divorce legal issues. Sometimes meetings can even be done over the telephone or via internet video chat. Moreover, mediation is confidential, as opposed to litigation that becomes part of the public record.

All of this being said, a mediator is not a judge, and therefore cannot issue a binding decree. For this reason, it is important for each spouse to retain an attorney, not only to make sure that the final agreement is fair and appropriate, but also to complete the legal processes needed to make a final, binding divorce decree.

Source: Mediate.com, "Can You Use a Mediator in an Uncontested Divorce?," Gabriel Cheong, Esq., March 2017

No Comments

Leave a comment
Comment Information