Divorce Avenues
Divorce is difficult for the parties involved. Options exist outside the courthouse for resolution. Many people want to avoid the damaging effects of a courtroom battle where a stranger decides the fate of your family, your possessions, and your life.
“Kitchen Table” agreement
1. This method is used when the parties have few assets and no children
2. They can fill out the online documents
3. Have an attorney review the online documents to make suggestions for changes
1. Submitting issues to family court in order to resolve them
2. Can pit the parties against each other in order to resolve the marriage
3. This process can be expensive
4. This process becomes a public record
5. A total stranger can decide the fate of your family
6. Total strangers can decide the fate of your family
7. Within litigation you have an attorney negotiate with you or go through mediation
1. Attorneys discuss on behalf of clients
2. One attorney agrees to write the agreed final order
3. Parties sign agreed on the final order
4. Petitioner and Petitioner’s attorney goes to court to have an order signed
5. If no agreement can be made, mediation and/or trial at court
Mediation
1. Mediation can occur with the kitchen table agreement, litigation, and collaborative divorce
2. A neutral mediator assists in negotiations between the parties
3. Mediator does not and cannot give legal advice to either party
4. Each party has their only attorney during the mediation process
5. Mediation usually takes one meeting and can last all-day
6. The parties have more control of the outcome
7. Mediation is a binding and irrevocable agreement between the parties
8. If no agreement can be made in mediation trial at court is the next step
Arbitration
1. Arbitration is a very adversarial process
2. Arbitration is seldom used
3. Judges are hired to hear evidence
4. Decision can be binding or non-binding
1. Both parties agree in advance – no issues are ever taken to court
2. A team approach is used to dissolve the marriage
3. The team consists of a neutral mental health expert, if needed a financial expert and child custody expert, each party has their own attorney too
4. There is an open flow of information between the parties; everything is transparent
5. Preserves relationships so the parties can continue to co-parent
6. The parties control the pace and the outcome – the parties decide how things will be divided and possession and access of their children
7. This process keeps the parties and the family the focus of the dissolution
