Providing Divorce Mediation Services Throughout California
Providing Divorce Mediation Services Throughout California
A contested divorce results when any issue goes to trial. In a contested divorce, both spouses do not agree or settle on one or more legal matters and issues within the divorce process. This type of divorce requires a court trial to settle that disagreement, making it potentially a more complicated and far more expensive divorce in California.
An uncontested divorce is one in which both spouses agree on all of their major issues within the divorce process in California. Couples decide on their divorce and settle without going to trial. The couple may still have temporary hearings but they avoided a trial to resolve their divorce matter. In an uncontested divorce, the parties reach a full agreement, written into a Marital Settlement Agreement or Judgment for Dissolution of Marriage.
Mediate your divorce outside the court with Families First Mediation and come to an agreement on issues like alimony, child custody, parenting plan, visitation, and division of marital property and shared debt.
Reclaim your life by scheduling a free consultation with Families First Mediation.
The following are the differences between contested and uncontested divorces in California.
In an uncontested divorce, spouses are willing to come to an agreement on all issues pertaining to divorce, such as alimony, child custody, child support, marital property, etc.
Whereas, in a contested divorce, the divorcing couple had to go to a family court trial to settle a permanent divorce issue.
Another factor that creates the striking difference between contested and uncontested divorce is the cost of the legal process.
Uncontested Divorce: For an uncontested divorce, the cost through mediation or the traditional court process is far less than a contested divorce because spouses agree on divorce terms and issues. Hence, uncontested involves less work for mediators if you plan to mediate your case.
You want to pursue an uncontested divorce with your spouse but have communication issues with your spouse? Families First mediators will facilitate a conversation between you and your spouse to reach an agreement. Our mediators will then draft a settlement agreement that the judge will sign to issue the final divorce judgment. Book your free consultation now.
Contested Divorce is expensive ($100,000) if pursued through divorce litigation. Attorneys have to spend more time preparing arguments, gathering evidence, and attending lengthy court trials.
However, if both spouses commit to resolving your disagreement through mediation, you are likely to spend under $30,000, which will be far more affordable than divorce litigation.
Uncontested divorces take far less time to get a final divorce judgment because the spouses mostly agree on the major issues. This cuts the need for lengthy court battles or arguments over divorce-related matters.
However, a contested divorce in court could take years depending on the complexities of your case, court workload, and hearings, which makes this legal process time-consuming. What is the solution?
Couples can use cost-friendly mediation with Families First Mediation to reconcile their differences and disagreements on major issues. In mediation, typically, each party pays half of the total mediation cost, whereas in traditional court divorces, each party pays separately to their attorney(s). If mediation fails, you can revisit it.
In an uncontested divorce, spouses have already come to terms with the emotional aspects of the separation and agreed on how to handle major issues. Hence, it is a more amicable process.
However, in contested divorces, spouses usually see one another as enemies and rarely communicate if they opt for a court trial. Tensions can get higher and more hostile interactions triggered by the divisive nature of litigation cases.
The difference between an uncontested and contested divorce is agreement and disagreement on divorcing issues between spouses. A contested divorce becomes uncontested if you agree on all issues within the divorce. You can have the following options in a contested divorce:
Divorce mediation is a voluntary process that aims to create a consensual settlement between divorcing spouses on all divorce-related issues without entering the courthouse. Couples in California opt for it because it is confidential, affordable, faster, and more peaceful than other divorcing options.
Arbitration is an informal approach to dispute resolution. It involves hiring a neutral arbitrator who makes binding decisions about contested issues for divorcing couples. Couples also avoid a court trial in this process.
A divorce trial happens when divorcing couples cannot agree on divorce issues on their own, and they go to court before a judge to decide about them. Divorce litigation is usually an expensive and stressful process.
In this process, each spouse hires an attorney and other professionals who collaborate to help them negotiate a divorce outside of court. However, adding a team of attorneys and other professionals costs a lot, making it an expensive process.
The following are the pros and cons of non-confrontational and simplified uncontested divorce.
The following are the advantages and disadvantages of a contested divorce:
Mediation has become the trend as many people use it before, after, and during the divorce to settle disputes, besides avoiding court intervention and stress associated with a contested divorce.
Friendlier mediation may cost you just $30,000 or less while taking just 5—8 sessions. However, litigious contested divorces are very expensive (costing $100,000), and each party pays their cost separately because of the confrontational environment.
Collaborative divorce is also a great amicable option for skipping court drama while reaching a mutually agreeable solution, but it is pricier than mediation because it involves more professionals.
Skip court drama, save your thousands of dollars and time, avoid stress, and reach a resolution faster by mediating your divorce with Families First Mediation.
Schedule your free consultation with our Families First professional mediators who have combined experience of more than 60 years in family law mediation.
Families First Mediation is a pioneer in the field of divorce mediation. Our entire divorce mediation team takes great pride in being active trainers, divorce mediators and teachers of mediation in the greater California area. If you are considering a collaborative divorce, legal seperation or looking for a san jose divorce lawyer we have services that may be beneficial to you. Take advantage of our vast expertise and background in the field of divorce mediation and our genuine desire to help with your divorce mediation services.
