Uncontested Divorce vs Conscious Uncoupling - Bineham & Gillen

divorceUncontested Divorce vs Conscious Uncoupling

February 21, 2022by James Gillen

Uncontested Divorce vs Conscious Uncoupling

Ending a marriage through divorce can be a difficult and emotional process. Sometimes, however, both parties involved would like to end on amicable terms. If you and your spouse have found yourselves in this position, then there are two divorce styles to choose from: uncontested divorce or conscious uncoupling.

Below, Bineham & Gillen cover the key points of uncontested divorce and conscious uncoupling to help you understand which approach is best for you.

Uncontested Divorce

In an uncontested divorce, both parties agree that divorce is the best option for their relationship. Both parties also agree on major terms of the divorce, including:

  • Child custody, parenting responsibilities and child support
  • Allocation of property, assets or debts
  • Spousal support such as alimony

Given that both parties agree on most, if not all, of these factors, an uncontested divorce is usually a “fast” divorce. The fewer the disagreements, the fewer legal proceedings or mediation are needed. For this reason, it’s also the more affordable option, as costly divorces are often those involving several steps, such as petitions or court hearings.

An attorney isn’t necessary to go through an uncontested divorce. Many couples are able to complete an uncontested divorce through the court without the help of one. This is often the case for couples with no children, assets, or significant property.

But if you’d like to expedite the process, or you do share children or some assets, then contacting an experienced divorce attorney would help. An attorney can help you by completing all paperwork and exchanging information with the court as efficiently as possible. They may also know of informal methods to completing other tasks that would otherwise not be known or available to you.

Conscious Uncoupling

Conscious uncoupling is a term that many celebrities have chosen to call their divorce today. Rather than using “divorce,” which can sound somewhat harsh and suggest that there’s bad blood between the couple, conscious uncoupling lets people know that the split was “conscious” or even positive.

This concept also shows that not all relationships end due to negative emotions. For many people, divorce occurs mainly after traumatic events such as abuse or infidelity. But some couples simply lose feelings or grow apart, and there’s no one really to blame. Conscious uncoupling removes the blame from divorce and demonstrates that the couple can still be on good terms even after the actual split.

Conscious uncoupling relates to uncontested divorce in that the couple would like to work things out in a respectable way. It’s designed to ease and transition the couple through the breakup. It’s best known to be a five-week period of time where you transition with your partner out of the relationship.

However, you will still need the legal proceedings of a divorce. While some might think that conscious uncoupling may not also need an attorney, it is beneficial and easier to have one. Similar to an uncontested divorce, an attorney can help draft paperwork, such as the divorce decree. This will help keep tension and stress between the couple low and, in turn, their civil relationship remains in-tact.

Contact Bineham & Gillen Today

Whether you find yourself having a difficult divorce or a positive one, contacting a professional attorney will only aid the process. Our compassionate attorneys at Bineham & Gillen have experience in divorce law and are here to work with you and your family through these tough (or positive) times.