Achieving an Uncontested Divorce Despite Conflict

 Posted on May 19, 2022 in Divorce

You may think that uncontested divorce is only for amicable divorce situations, but this is not true at all. An uncontested divorce can be possible even if you and your spouse cannot stand to be around each other. You do not need to be on friendly or even speaking terms to avoid actual litigation during your divorce proceedings. There are many methods attorneys may use to facilitate a divorce settlement without going to court, some of which do not require you to speak to or see your ex at all.

Filing an uncontested divorce can save you quite a bit of time and money, as well as reduce distress for any children involved. In most situations, reaching a compromise is possible even if it takes a lot of help. An attorney can help you understand your options and determine whether an uncontested divorce is within reach for you and your spouse

Options for Reaching a Compromise Despite Conflict

When attorneys broach the idea of uncontested divorce with clients, a common objection is that they simply cannot be in the same room as their ex without a fight starting. The good news is that you can reach a fair compromise without ever seeing them using some methods. Strategies that can help spouses in conflict achieve uncontested divorce include: 

• Attorney-facilitated negotiation - You and your spouse are each represented by your own attorney. Rather than speaking to or negotiating with one another, you will each address concerns with your lawyer. Your lawyer and your spouse’s lawyer will negotiate with each other, getting approval from both of you on each issue. This can work well if you want to avoid all contact with your spouse. It may be an option even if one of you has a protection order. 
• Mediation - In one style of mediation, you and your spouse sit in separate rooms and the mediator moves back and forth so that there is no direct contact between you and your spouse. In the past, you and your spouse would almost invariably need to come in person to an attorney's office, but in recent times this has increasingly been done through videoconferencing or by phone. That way, there is no possibility of an unpleasant run-in. 

That said, there are some circumstances under which uncontested divorce is not possible. This may be the case if your spouse is struggling with serious mental health or substance abuse issues and cannot be trusted to reliably participate in these efforts. Your attorney can advise you on whether an uncontested divorce is worth trying for, or whether you may have one of the rare cases where it is better to go straight to litigation

Call a DuPage County Uncontested Divorce Lawyer

Hensley Sendek Law is highly skilled at helping spouses in conflict resolve their divorce through means other than litigation. Our Wheaton uncontested divorce attorneys have numerous strategies we frequently employ to reach divorce settlements that are fair and reasonable. Call us at 630-358-9029 for a free consultation

Source:

https://www.brides.com/what-is-divorce-mediation-and-how-does-it-work-1103259