When it comes to divorce, many people have a picture in mind of what to expect – generally a lengthy court battle that causes lots of stress and results in the loss of lots of money. Fortunately, for many people, this doesn't have to be the case. There are alternatives to the drawn out divorces you see on television. This guide can help you better understand them.
Collaboration
Collaborative divorces are an excellent choice when both spouses are willing to work together. During the collaboration process, each person lists all the assets as well as responsibilities that they share as a couple. Then, they sit down with their lawyers present to divide up everything and have the collaboration agreement signed. The attorneys are also there to advise on any settlement issues, such as alimony payments or buying out a portion of the home. Even child custody arrangements can be decided via collaboration.
Once an agreement is reached, a court date is scheduled so that you can all attend to have the agreement finalized by a judge. Generally, it is approved of as-is, although a judge can technically require changes to the agreement.
Mediation
If issues with collaboration occur, a mediated divorce can still be a much better option than a fully litigated divorce. Mediation is used when there are disagreements with the division of assets that the two divorcing parties can't agree upon, but they are still willing to work it out between themselves without the court making the final decision. For mediation you will need to be prepared to hear advice from outside parties and to compromise so that an agreement can be reached.
A trained mediator meets with you, your ex, and both of your lawyers. You go through the assets and responsibilities one by one, discussing each until you can make a settlement decision with the help of the mediator – whose job it is to keep everyone calm and on task while offering advice. In the end, you will have a settlement agreement just as you would in a collaborative divorce, and you will then go through a similar court process for approval. If an agreement isn't reached, then the case goes to litigation.
If you want to avoid the process of a litigation divorce, and your soon-to-be ex is willing to do the same, work with a lawyer like those at The Law Offices of Justin Rickman to see which of the two options above is the best one for your specific situation.
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