Collaborative Divorce Vs. Uncontested Divorce

It is a common assumption that divorce always involves both parties mentally and verbally abusing each other and causing extreme distress. While that is the case for some couples, others tend to respectfully agree that their marriage is over and they separate without holding any grudges. But the major question is the distribution of assets, child support, custody, etc. This leads us to a collaborative and uncontested divorce. There is a huge difference between the two than just the name and you need to be aware of the basic concept if your marriage isn’t working out either and you’re looking to consult an uncontested divorce attorney. Let’s take a closer look at what these types entail.

What Is Uncontested Divorce?

Uncontested divorce as the term suggests is a divorce or mutual agreement between you and your spouse on important matters related to assets, finances, and children. This type of divorce involves no arguments, fights, or complications as the couple only thinks for the benefit of their family.

Although, this type of divorce is not common nowadays but is the easiest of all. In some cases, the parties may not even be required to hire lawyers to fight or argue over assets, money, investments, and other financial transactions.

An uncontested divorce can take place way before the couple officially files for divorce. This type of divorce shows that both parties agree on most of the issues. This saves a lot of time and prevents both parties from spending a huge amount of money on lawyers who will fight for the same things you have already agreed upon.

However, you will have to file for divorce and let the relevant authorities know. Depending on the state, the procedure may differ, and many states term such a divorce as “agreed divorce”, which makes things a lot less stressful.

What Is The Procedure Of An Uncontested Divorce?

As mentioned previously, the process of uncontested divorce is already streamlined as you and your partner have agreed on all key issues. The procedure for an uncontested divorce begins with one spouse filing it having hired an attorney. The attorney goes through the documents and ensures their client’s demands within the laws.

Then, the other spouse goes through the documents and signs them to indicate official agreement. Finally, the divorce is handed over to a judge who gives one final look to the filing and makes sure everything is within the state laws and fairness is achieved.

Once the judge approves the divorce, the marriage is officially dissolved and there is no husband and wife.

Cost & Time

Because uncontested divorces do not include lengthy negotiations or battles, the cost incurred in these cases is not that much. At the most, you will need to pay for the services of your family attorney Fairfax VA and you are good to go.

Since attorneys charge hourly or daily based on their working style, an uncontested divorce can range somewhere from a few hundred dollars to a few thousand dollars.

What Is A Collaborative Divorce?

Collaborative divorce is about negotiation, open communication, and problem-solving. You and your spouse work with your respective collaborative lawyer and commit to working together to come to an agreement. This helps all parties involved control the outcome of the situation.

You might think that a collaborative divorce is the same as an uncontested divorce but the difference lies in the fact that collaborative divorce is a professional team effort to find solutions that meet everyone’s needs rather than going to the court.

As of now, around 24 states have accepted this legal system but it should be kept in mind that collaborative divorce requires understanding, open communication, and cooperation. The primary purpose of this divorce is to recognizes the fact that divorce is about financial and emotional aspects too.

The advantages of opting for a collaborative divorce tend to be many. Since everyone equally participates in ensuring the separation is amicable considering the feelings and sentiments attached, the result is most likely positive. This means, there are hardly any fights, arguments, or battles since both parties have recognized and accepted the important factors.

In the long run, it helps couples save time and money while empowering couples to retain control over the divorce terms during the agreement.

While a collaborative divorce has its advantages, there are some drawbacks that need consideration as well. For instance, this type of divorce requires complete consensus and may not be suitable if couples cannot come to an agreement on the terms.

Plus, it can also cause some details to be overlooked which might result in complications arising in the future. Finally, since families are involved as well, a party maybe compelled to agree to unfair terms due to pressure.

What Is The Procedure Of A Collaborative Divorce?

A collaborative divorce takes place outside the court where attorneys representing both parties sit down and negotiate over terms and conditions. Both parties must hire attorneys who specialize in collaborative divorce.

Both parties ensure there is going to be transparency and commitment to resolve the issues. Once the terms have been accepted, the attorneys sign and issue a comprehensive filing.

Cost & Time

Even though collaborative divorce may be easy sometimes considering both parties respect each other’s sentiments and emotions, it can also be expensive depending on the complexity of the assets and terms. You will have to pay for the attorneys and the proceedings involved.

On the other hand, you can lower the cost of your divorce by avoiding visiting the court and getting things done at a mutually decided place. You do not necessarily need to visit court each time with your attorney to speed up the process.

Uncontested Vs. Collaborative Divorce: Key Differences

Both uncontested and collaborative divorces offer an easy way out if both parties are respectful and reasonable with the expectations and demands. But, depending on the case or situation, it could be that any of the two might not be the perfect solution.

So, you will need to consider several important factors to help decide what you should go for. For example, if you and your wife are willing to collaborate but have a few disagreements to settle, a collaborative divorce is going to be the better option.

On the other hand, if you and your spouse have no arguments or concerns about the split whatsoever, an uncontested divorce is going to be the most effective option both in terms of money and time. This will also require minimal involvement of the family.

Moreover, an uncontested divorce process has a less risk of failure because this type of divorce is for couples who want a divorce peacefully and agree on all the terms. However, in a collaborative divorce, there is still a risk of failure. Even though many couples enter this process with the intention of a peaceful divorce, there are disputes to be resolved by sitting and talking when professionals like their lawyers, mental health experts, and financial experts are present. If the spouses don’t find the middle ground in the meetings, then they take the traditional divorce route.

Conclusion

Regardless of the type you opt for, you should do your homework and consider the information above. Make sure you hire an experienced uncontested divorce lawyer Fairfax VA who understands your needs and expectations and helps negotiate in the best possible manner.

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