Couples who go through a divorce sometimes wish to handle the process outside of court to avoid the complications of litigation. Because of this, alternative methods of divorce are available to couples going through this stressful time. These other methods do not require the guidance of the court to settle the couple’s marital arrangements. Instead, they provide spouses with an environment where they can work together to settle these matters on their own terms. While it is not possible for all couples to participate in these methods, it can be beneficial for those who are able to work together to make decisions. These discussions pertain to issues such as child support, child custody, the division of assets, and alimony.
One method that is used frequently during a divorce is the process of mediation. During this process, both spouses come together to negotiate the terms of their divorce and reach agreements about their future situations. These discussions include how they wish to handle their marital issues. Mediation takes place with the assistance of an unbiased third party. This person exists to mediate any disagreements that may happen between the spouses and guide them towards solutions that are best for them.
When this process is finished and all marital issues are resolved, the mediator can draft a document to outline these agreements. Once it is signed by both spouses it can be presented to the court for review. If the court agrees, the couple will be granted a Judgement of Divorce.
There is no set length of mediation, meaning there are no time constraints to meet a deadline. It can last as long as a couple needs to settle their marital issues. This allows them to take their time figuring out the sensitive matters at hand.
A collaborative divorce exists through a series of four-way meetings. Spouses communicate with one another during this process to settle their marital issues. Instead of a mediator, these meetings are guided by the spouses’ attorneys to help guide them to the decisions that are in their best interest.
Collaborative divorces are supported by a Participation Agreement. This is a document signed by both spouses and their attorneys that outlines each individual’s obligations during the process. This requires them to put in the necessary effort to make the process work. When it is signed by an attorney, it means they are not able to represent their client if the method does not work.
Another option for divorce is arbitration. This requires the help of a third party as well. However, this third party acts as a judge instead of a mediator. This individual can make all the final decisions regarding the couple’s marital issues.
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Before taking any sort of legal action, it is important to discuss your legal matter with an experienced attorney. Contact The Radol Law Firm to discuss any divorce and family law matters you may be faced with.