Divorce Process Options
Divorce is just as much a legal event as it is a personal event. Each divorcing couple has to choose the right process to complete the legal aspects of their uncoupling. The good news is, there are options available for every type of couple and every type of divorce. Here are some common divorce processes:
Litigated Divorce - Taking divorce to court. In litigation, each spouse makes competitive presentations to a judge, supported by evidence. Litigation is usually conducted through attorneys, with the goal of convincing the judge to rule in his or her favor. The decision maker is the judge and the judge must follow the laws concerning the dispute between the spouses. The spouses must follow the court’s procedural rules and the court’s schedule. As with other court proceedings, divorce proceedings in the litigation context are also public. The losing spouse can appeal the judge’s decision.
Pro Se Divorce - The do-it-yourself divorce. Some couples who cannot afford attorney go to court but represent themselves. This might be a good option for couples who have very few issues to resolve (i.e. couples with no children and no assets) or for couples that are in agreement on all issues. However, even for couples who agree on all issues, it is important for to correctly document their agreement. Further, it may be difficult for couples to navigate the court system, which requires various filings and disclosures to finalize the divorce.
Mediated Divorce - A neutral settlement process involving a third-party facilitator. Unlike litigation, where the decision-maker is a third party (i.e. the judge), in mediation, the spouses are the decision-makers. Mediation is a voluntary and collaborative process; neither spouse cannot be forced to accept an agreement and are free to leave the mediation at any time. Mediation is confidential and whatever is discussed in mediation cannot later be used in court. Once couples are in agreement on all issues concerning their divorce, many divorce mediators assist the couple with court filings to legally finalize the divorce.
Collaborative Divorce - Another alternative to a litigated divorce involving attorney representation. In a collaborative divorce, each spouse hires an attorney and both spouses and attorneys agree to a cooperative process to resolve the divorce. If an agreement is not reached on all issues and the divorce needs to proceed to litigation, attorneys that participated in the collaborative divorce disqualify themselves from the process. Collaborative divorces often involve non-legal professionals such as therapists, tax specialists, and realtors as well as attorneys. Because the process can involve many professionals and spouses need to hire new attorneys if the process does not succeed, collaborative divorces can become more expensive than a traditional mediation. It is ideal for couples with many complicated issues to resolve (e.g. small business valuation).
A divorcing couple should consider the time, cost, stress-level, children’s interest, and the overall complexity of their divorce when choosing an option for their divorce process. Cordial Family Lawyers, LLP’s practice focuses on mediation and case reviews to assist couples reach settlements outside the courtroom. We believe it is the most efficient, cheapest, and peaceful way to handle a divorce. Contact us at info@cordiallaw.com for more information.