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Are my spouse and I good candidates for uncontested divorce?

Your best friend was recently divorced and told you how mediation saved her thousands of dollars and helped her avoid a great deal of contention. Now that your marriage is heading in the same direction, you may wonder if an uncontested divorce can work for you. Are some divorces better suited to mediation and collaborative law than others in Louisiana?

The answer largely depends on the history of your marriage, as well as your current relationship with your soon-to-be ex. Mediation and collaborative law can be beneficial in most situations, if you and your spouse are willing to negotiate and treat each other with respect. You may have fought bitterly during your marriage and might have strong resentments toward your spouse. If you are able to set these feelings aside during your mediation sessions, you might be able to make an uncontested divorce work.

On the other hand, this option may not be best in the following situations:

  • Your spouse is an alcoholic or abused substances during your marriage.
  • Domestic violence or emotional or verbal abuse was present in your relationship.
  • Your spouse is using intimidation and manipulation tactics to influence the divorce process.
  • You or your spouse are strongly opposed to the divorce.
  • Your spouse has a significant financial advantage over you.

If you feel you and your spouse can treat each other civilly and listen to each other’s suggestions with an open mind, you might stand a good chance of an uncontested divorce being mutually beneficial. Not only can mediation and collaborative law save money and time, but they can minimize conflict and shield your children from much of the emotional shrapnel.

Every couple’s situation is unique, so the method that worked for your friend may have different results for you. It is important to be informed of your options so you can make the best decision for your circumstances.

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