What’s the Difference Between an Uncontested Divorce and Mediation?

An uncontested divorce is what many spouses aim for when ending their marriages. As the name suggests, this situation involves a divorce with no disputes. Is this the same as mediation? What are the differences between these two concepts? You can ask questions like these during your first consultation with an experienced divorce attorney in Atlanta.

An Uncontested Divorce May Lead to Mediation 

If you and your spouse can move forward with an uncontested divorce, you might choose mediation as a negotiation strategy. An “uncontested divorce” is one in which both spouses agree on virtually every relevant issue. These include subjects related to child custody, child support, alimony, and property division. If the spouses manage to agree on all divorce-related issues, they can dissolve their marriage without ever going to court.

This is beneficial for various reasons. First, spouses usually want to save as much money as possible when going through a divorce. Since uncontested divorces circumvent the trial process, they are inherently more affordable. Second, uncontested divorces can be more private. They are also typically faster and less stressful.

Even if spouses agree on all divorce-related issues, they still have to put these agreements into writing. This is where the mediation process comes in.

Mediation is a formal process involving a neutral third party called a “mediator” and both spouses. The three individuals meet in private and discuss how to handle child custody, child support, alimony, and property division. Once the parties put these agreements into writing, they are left with a “divorce agreement.” The only step remaining is to have this agreement approved by a judge during a short hearing. The agreement then becomes legally enforceable.

Mediation Isn’t the Only Way to Resolve an Uncontested Divorce 

Mediation only represents one potential way to resolve an uncontested divorce. You might also choose arbitration, which involves an “arbitrator” rather than a mediator. While a mediator only has the power to make suggestions, an arbitrator makes legally binding decisions.

Another option is “collaborative law,” which brings both sets of lawyers into the negotiation room. Each lawyer represents a spouse, and they encourage their clients to collaborate on a positive agreement.

While arbitration always ends with a resolution, there is no guarantee that mediation or collaborative law will be successful. The negotiations could fail, and spouses may be forced to pursue a contested divorce in court instead.

Mediation Is Usually Mandatory 

In Georgia, mediation is usually mandatory – especially for spouses approaching divorce with children. Courts see uncontested divorces as a positive outcome. Not only is this a more affordable option for spouses, but it also saves courts time and money.

Can a Divorce Lawyer in Atlanta Help Me? 

A divorce lawyer in Atlanta might be able to help if you’re approaching new, unfamiliar terms like “mediation” or “uncontested divorce.” While many of these phrases might sound complex, your lawyer can explain them in ways anyone can understand. In essence, uncontested divorces and mediated divorces are two sides of the same coin.

Contact Buckhead Family Law today to continue this conversation in more detail.

Sources:

 georgia.gov/file-divorce

dca.georgia.gov/community-assistance/coordinated-planning/intergovernmental-coordination/alternative-dispute