Going through a divorce is, at best, an intimidating process for most of us, as there is widespread uncertainty and doubt. Many people still believe that divorce equals court, but if you want to stay out of court, you may wish to consider divorce mediation or collaborative divorce. Court should be seen as a last resort if a couple cannot reshuffle certain things for themselves, like finances or children’s visitation. When emotions are strained, it is easier said than done to think about cooperation as divorce does not call for a battle as the are several ways to stay out of court.

MEDIATOR OR COLLABORATIVE DIVORCE

It is best to settle as many issues out of court as possible as this can be done through the assistance of a mediator or arbitrator. For example, with divorce mediation, a divorce mediator is an impartial specialist who sits down with both parties to help draw up a settlement that comes to a decision about all the issues in a divorce. Divorce mediation may take into account concerns such as child custody, property and support. Or with a collaborative divorce, in which both parties have an attorney to speak for them, they agree to work towards a settlement, without going to court. If a settlement cannot be reached, arbitration or a private moderator can be used to pay attention to both sides and formulate decisions for both.

ALTERATIVES

Keep in mind putting the children first should be a priority above all else while not fighting over the little things should be less important. Compromise should be a vital factor as well. Another alternative would be to work out as many anxieties as possible. You would want an attorney who works with you and not someone who would create challenges. The attorney should plan to resolve cases without the need to go to trial.  Contact us to learn more.