Rachel Alexander, ESQ.
Uncontested Divorce Mediation
Alexander Mediation Group is a professional divorce mediation firm serving couples and families throughout New Jersey, New York City, and the Hamptons. Our mediator can help you work through your divorce's financial, emotional, and legal issues.
Uncontested Divorce Mediation for Resolving Every Issue Before Filing
Confirm That Both Spouses Will Participate Voluntarily
Divorce mediation requires voluntary participation. One spouse cannot mediate without the cooperation and involvement of the other spouse. Spouses must agree on only one thing to mediate: mediation! Provided both spouses are willing to participate in the mediation process and avoid the often traumatizing experience of litigation, a skilled mediator can work with them.
An uncontested divorce enables parties to bypass the litigation process and enter the court system only after they have privately resolved all marital issues. In this way, the parties avoid the expense and aggravation of an adversarial process. In mediation, participants identify the unresolved issues, exchange relevant information and come to an agreement; the spouses retain control over every final decision.
If mediation is not an option because one spouse refuses to participate, retaining an attorney skilled in conflict resolution may offer an alternative path toward an uncontested divorce. A mediation trained attorney may be more oriented towards negotiating a settlement rather than presuming a litigation route as the best or only option.
Resolve Every Divorce Issue Before Requesting a Final Judgment
An uncontested divorce requires the spouses to resolve every issue necessary to complete the divorce. Financial decisions may involve property, debt, the marital home, retirement assets, and spousal support. Parenting decisions may involve custody, parenting time, transportation between households, child support, and health insurance.
The spouses may resolve these issues through Child Custody Mediation, Child Support Mediation, Equitable Distribution Mediation, and Alimony and Spousal Support Mediation.
One unresolved issue can prevent the parties from proceeding with a fully uncontested divorce. The open issue must be resolved before the parties request a final Judgment of Divorce.
Complete the Divorce Agreement Before Preparing the Filing
The spouses’ decisions must be documented in a complete written agreement. Depending on the matter, and jurisdiction (the state where the divorce takes place) the final divorce agreement is called a Property Settlement Agreement, Marital Settlement Agreement, or Stipulation of Settlement.
The agreement should identify each spouse’s commitments, rights and responsibilities.
Verbal promises or agreements outside of the written agreement provide no protection and are virtually unenforceable. A divorce requires all agreements to be in writing. The final document should contain every agreement on which either spouse expects to rely.
Once these decisions are made and drafted into an agreement, the parties can initiate the divorce filing process to bring the matter into the court system. In order to obtain a divorce, the terms of which can be legally enforced, the parties must be granted a Judgment of Divorce.
Obtain Independent Advice Before Signing the Agreement
Both spouses receive the draft agreement and have time to review it. Alexander Mediation Group meets with the parties to discuss edits, requested revisions, and any open issues.
Alexander Mediation Group recommends that each spouse consult a separate, mediation-friendly review attorney before signing the final agreement. The mediator remains neutral and represents neither party. Review attorneys advise a party of their individual rights and ensure that a party is informed of how their interests will be impacted by the agreement.
A proposed revision may create a new disagreement. The spouses can return to mediation to address the issue before they approve and finalize their agreement.
Complete the Required Court Documents After the Agreement Is Final
Once the parties have a final agreement, Alexander Mediation Group prepares and files the other required documents to effectuate an uncontested divorce. Alexander Mediation Group wants clients to experience an inclusive, transparent process, and aims to reduce any administrative burdens. Documents are prepared and provided to both parties to review for accuracy and to execute where indicated. Documents adhere to court requirements and conform to the parties’ final written agreement.
The court grants the divorce by issuing a Judgment of Divorce. The spouses are identified as the Plaintiff and Defendant in the court documents. Those titles describe their procedural roles and imply neither wrongdoing nor a disadvantage to either party.
Monthly Divorce Support Groups
A welcoming space for individuals navigating divorce, separation, or the contemplation of significant relationship change.
Uncontested Divorce FAQ
Does Uncontested Mean We Never Disagreed?
No. Spouses usually disagree about financial or parenting issues when divorcing and before reaching resolution. The divorce becomes uncontested when parties resolve their disagreements before requesting the final Judgment of Divorce from the court.
Can One Spouse Require the Other to Mediate?
No. Mediation is voluntary. Both spouses must agree to participate in mediation, but need not agree on anything else in order to mediate their divorce.
Does an Uncontested Divorce Still Require Court Involvement?
Yes. The court must grant the divorce and issue the Judgment of Divorce. The spouses reach agreement first and then submit the required documents to the court in accordance with the court process.
Why Are the Spouses Called Plaintiff and Defendant If They Agree?
Plaintiff and Defendant are procedural titles used in the court documents. The titles identify the spouse who initiates the action and the spouse who responds. They do not mean that the spouses are in disagreement about any aspect of the divorce.
What Happens If One Issue Remains Unresolved?
The divorce is not ready to proceed as fully uncontested. The spouses must resolve the issue and document the decision in their written agreement before being eligible to file an uncontested divorce.
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Uncontested Divorce Resources
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