Divorce Options

What type of divorce is best suited for your personal situation?

The answer depends on several important factors:

• The length of your marriage
• Whether or not you have children
• The reasons for your break-up
• The number and/or value of assets that need to be divided
• You and your spouse’s ability to effectively communicate and cooperate with each other

UNCONTESTED DIVORCE

The majority of divorce cases today are uncontested which means both parties can eventually work out an agreement without a court hearing.  You have several options for proceeding with an uncontested divorce: arbitration, mediation and collaborative divorce.

• Arbitration
  If you and your spouse agree that you want to avoid a legal hearing but can’t agree on how to resolve the details pertaining to your divorce, you may want to consider arbitration as an option. During arbitration, a private arbitrator (often a lawyer or retired judge) acts as a neutral third party to resolve the issues pertaining to your case. The arbitrator makes the final, binding ruling for your case.
• Mediation
  Mediation also involves a neutral third party.  Unlike an arbitrator, a mediator does not make any final decisions about your case.  The mediator is there to help facilitate a fair agreement between you and your spouse. That agreement is then brought before a judge to finalize the terms of your divorce.
• Collaborative Divorce
  In collaborative divorce, there is no neutral third party.  Instead, you and your spouse retain separate attorneys who specialize in collaborative law.  At the onset of the process, you and your spouse will sign an agreement stating your willingness to work together with your attorneys toward resolving all the issues pertaining to your divorce.  If no agreement is eventually reached, both attorneys have to withdraw from the case and you and your spouse will have to start over and reevaluate your options for divorcing.

CONTESTED DIVORCE

A contested divorce may be necessary if you and your spouse are unable to agree on the terms of your divorce, or if there are certain more complex circumstances pertaining to your divorce.  In a contested divorce, you and your spouse will each hire separate attorneys and the process may entail several court hearings, settlement negotiations and a trial before a judge who will then make the final ruling pertaining to your divorce.

A certified divorce coach can help you get organized and prepared for whatever option you choose as well as connect you to reputable attorneys who specialize in family law.