When a couple decides to go through with a divorce, they sometimes want to do so outside of a courtroom. Because of this, there are other alternative methods to divorce available that do not require going through litigation. While these methods are not always doable for all couples, they can be beneficial to those who are able to come to agreements regarding the terms of their divorce without the help of a judge. This allows spouses the chance to make arrangements regarding their marital issues on their own through healthy conversations. The discussions that take place during the processes are about issues such as child support, child custody, the division of assets, and alimony.
One method of divorce that is commonly used is mediation. During this process, spouses are able to come together and negotiate the terms of their divorce. This includes how they wish to arrange their marital issues. The process takes place with the help of an unbiased third party. This person exists to mediate any disagreements between the spouses and guide them towards decisions that work best for them.
Once the process is done and the arrangements have been made, the mediator drafts an agreement for them to sign. This document is presented to the court for review. If the court agrees with the couple’s arrangements, they may be granted their divorce.
There is no set duration for the process of mediation. It can last for as long as a couple needs to settle upon the necessary agreements. This means there are no time limits to force the spouses to meet a certain deadline. This allows them to take their time discussing the important matters at hand.
Collaborative divorce takes place through a series of four-way meetings. These meetings allow spouses the opportunity to communicate and settle their marital issues. During this process, the negotiations are not guided by a third party but the spouses’ attorneys. They help guide both spouses to reach amicable decisions.
Collaborative divorces are supported by a Participation Agreement. This is a document signed by both spouses as well as their attorneys, detailing each individual’s obligations during the process. This document holds all parties accountable for putting in the necessary effort to make the process work. When this agreement is signed by the attorneys, it bars them from representing these clients in the event that the process does not work.
Another alternative option for divorce is arbitration. Similar to mediation, arbitration also requires the help of a third party. However, unlike mediation, this third party acts as a judge during the proceedings. Instead of guiding the couple to their decisions, this person is able to make all of the final decisions regarding the marital issues for the couple.
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If you or someone you know is going through a divorce, contact the Law Offices of George J. Mardinly today.
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