From business interests and investment accounts to real estate holdings and high-value personal items, you and your spouse may be facing a difficult divorce if you have complicated assets. You may have deep concerns about both the cost of litigation and the potential loss of control over important financial decisions.
However, if you and your future ex want to minimize both antagonism and expense, an uncontested divorce may be an option. In addition to avoiding unnecessary publicity, cost and emotional strain, a mediated or collaborative divorce may help you and your spouse to navigate separate paths forward while preserving the assets you have worked to build together.
1. Save on legal costs
So long as you, your spouse and involved attorneys can agree to prioritize productive negotiation over divisive arguments, the mediation process may help you to resolve issues more quickly and efficiently.
2. Take the time to make informed decisions
A litigated divorce often involves tight scheduling, non-negotiable deadlines and a sense that one party’s gain means the other’s loss. With such high stakes, you and your spouse may find it difficult to stay focused on making pragmatic choices. By contrast, mediation frees you and your spouse up to discuss decisions on your own time and on your own terms.
3. Find unique solutions
If your divorce goes to court, the law may constrain the decisions a judge can make about dividing or distributing complex assets and awarding support. Mediation may give you an opportunity to pursue unique solutions that work for your family’s specific financial situation.
While uncontested divorce offers many benefits, the process requires that you and your spouse can agree to negotiate with civility and respect. If mutual antagonism makes communication impossible, litigation may be necessary to ensure a fair division of assets.