Divorce Options

You have options for how you divorce. Many people assume a divorce always leads to fighting it out in a courtroom. Opting for a courtroom trial means relinquishing control of the outcome to a judge. Fortunately, there are many options for divorce that can grant you greater control over the resolution of your case. However, most divorce cases can be resolved without ever going to court.

Collaborative Divorce

Collaborative Divorce is a method wherein attorneys and clients agree from the outset that their case will not proceed to court. The primary goal is to reach a settlement, with clients and their spouses actively making key decisions. Attorneys, financial professionals, and mental health professionals make up the Collaborative Divorce team. This team provides guidance through the legal, financial, and emotional aspects of the divorce process. Often, this will result in significant cost savings compared to traditional litigation.

Mediation

Typically, by the time Mediation is initiated, the case is trial-ready. However, being prepared for trial and undergoing a trial are distinct stages. In Mediation, you and your lawyer are in one room, while your spouse and their lawyer are in another. The mediator familiarizes themselves with the case in each room and works to help both parties reach an agreeable resolution. The mediator lacks the authority to impose an agreement, leaving you and your spouse in control of the final decision. Mediation is so effective that many judges require it before ever appearing in court. This provides an opportunity to resolve the case while maintaining control over the outcome.

Litigation

The traditionally litigated divorce process means fighting it out in court. If a couple is unable to reach an agreement on property division, alimony, child custody and child support issues, then a judge will make the decision. The courthouse docket can be extremely full, leading to delays as numerous cases are scheduled for trial on the same day. This may result in frustrating and costly resets before the case is heard. Despite the advantages of selecting a judge, the process of divorce litigation in can be emotionally and financially taxing, prompting some individuals to explore alternative dispute resolution methods, such as mediation or collaborative divorce, to achieve a more amicable and efficient resolution.