If you are planning on ending your marriage, it is important to know there is more than one way to reach this end goal. Figuring out what option is right for you is going to depend on your particular circumstances, goals and how willing each side is to cooperate. Some spouses find it possible to work together throughout the divorce; however, in high conflict situations, you may not get to choose the way you want the divorce to go. Regardless of the situation, you are facing, knowing the options available may help you reduce stress, conflict, and cost associated with the process.
During a contested divorce, spouses usually disagree rather strongly on several settlement issues, including the division of debt and property, alimony, child support and child custody. This is considered the most complicated type of divorce and usually requires several steps before you finalize it, which includes pre-trial hearings, motions, negotiations and a trial if nothing else works.
Most divorce cases can be settled without ever having to go to court. This is a process that involves hiring a quality divorce lawyer and then negotiating the terms of the divorce with your spouse. Once an agreement is reached on all issues, the divorce can be finalized.
Mediation is a type of dispute resolution. It is often used to find a way to agree on one or more issues in divorce cases. During this, the divorce is usually settled outside of the courtroom. With mediation, a third party will facilitate all communication and the negotiation process between the divorcing spouses to find common ground. This is voluntary and works for many couples.
Similar to a court hearing, this process is less formal and more flexible. It is used for resolving one (or several) issues in a divorce case. The arbitrator will be a neutral third party that will hear and decide the problems of the case. This process has to follow certain rules, and the decision made by the arbitrator is usually legally binding. In most cases, this is a great option if you want to speed up the divorce process.
During this process, each party will hire a divorce attorney that understands collaborative law. The lawyers will create a team of professionals to help with the process. This is a great option for couples who want to work together and disclose all information about their marriage. However, if the process is unsuccessful, the couples must completely start over and hire new lawyers.
This is a situation where you and your spouse agree on all the matters related to the divorce. You can file as joint petitioners and be awarded the divorce based on the terms outlined in the petition. With this option, you don’t have to have the services of an attorney, but it still may be a good idea to retain counsel, so you fully understand all the terms.
If you are ready to file for divorce, contact the attorneys at The Carolan Family Law Firm, P.A. by calling 305-358-2330.