Less Stressful. Less Expensive.
In a negotiated divorce you and your spouse reach an agreement on all issues before filing for divorce and do not ask a judge or jury to decide any issues for you. This makes the process of finalizing your divorce considerably less expensive and less stressful than a traditional litigated divorce.
In a divorce the main issues you must agree on include:
- division of property
- allocation of debt
- alimony (spousal support)
- parenting time
- child support
If you and your spouse can generally agree on these issues, you are a good candidate for a negotiated divorce. Even if you and your spouse have a few minor disagreements or uncertainties, a negotiated divorce may still work for you.
Once the settlement agreement and parenting plan are signed one party files an uncontested divorce with the court. In most instances neither party will have to step foot in a courtroom and your general financial information will not be become public record.
The main difference between a mediated and negotiated divorce is that your attorney can give you legal advice throughout the process whereas a mediator must remain neutral and cannot give legal advice to either party. For more information on the differences between a mediated, contested, or uncontested divorce visit our Modern Thoughts page.