COLLABORATIVE DIVORCE, MEDIATION & LITIGATION
Divorce Tip: Build A Team
No matter which method of divorce you choose, it is essential to build your team of professionals to work with. Work with those who are experts in law, finance, mental health, and real estate. The biggest expense in a divorce could be the mistakes made.
METHODS OF DIVORCE
Mediated Divorce | Collaborative Divorce | Contested Divorce | Summary Divorce | Uncontested Divorce | Default Divorce | Divorce Arbitration
Mediated Divorce
Resolving differences in divorce could be done outside of the courts through meditation which is one of the alternative dispute resolution (ADR) methods. In a mediated divorce, a trained neutral third party (mediator) works with both parties to resolve all the issues in the divorce. A mediator’s job is not to make decisions but rather to facilitate effective communication among the parties to reach an agreement, often leading to a marital separation agreement. This method could be less expensive and at your own pace.
Collaborative Divorce
Collaborative Divorce is another form of alternative divorce resolution (ADR). Consider collaborative Divorce as a team assembled to help the parties divorce, and depending on the matters to be worked out, it may include attorneys, mediators, divorce financial analysts, divorce coaches, & children specialists.
The main difference between the collaborative divorce process and your own team is that in a collaborative divorce, all the specialists will work with both spouses during the Divorce.
Contested Divorce
When a couple cannot reach a mutual agreement, they put their fate in the court’s hands. This type of divorce is lengthy, expensive, and adds additional stress to the process. You can expect to exchange mandatory and financial information, settlement negotiations, and court appearances for temporary relief. A court trial is the last stop for a contested divorce if a resolution has not been accomplished.
Summary Divorce
A summary or simplified divorce is an expedited process that may not require the assistance of an attorney. However, discussing your case with an attorney is always good advice before deciding to go this route.
Summary or Simplified divorces are usually ideal for couples who have been married for a short period, do not own any property, have no children, and have no jointly held debts. To be awarded this type of divorce, both parties must agree to the terms.
Uncontested Divorce
When both parties of the divorce can agree on issues relating to child custody and parenting time, child support, alimony, and division of marital assets/ debts then an agreement can be signed stating the agreed-upon terms. This is the property settlement or separation agreement filed with the court.
Often uncontested divorces can move quickly through the process and be finalized in a short period. Depending on the state you live in, a court appearance may not be required.
Default Divorce
A judge could grant the divorce if one spouse cannot be found or does not respond to a petition for divorce and the court’s rules and regulations have been complied with.
Understanding the pros and cons of this type of divorce is essential. It is important to know that even if a default judgment for divorce has been issued, the other party may have time to contest and ask the court to overturn the judgment, which, if granted, could start the process from the beginning.
Divorce Arbitration
Depending on your state, you can elect to have a less formal and more private approach to divorce if mediation or collaborative divorce is not an option. In arbitration, the couples do not make their own decisions; instead, a hired arbitrator will determine the outcome of the divorce.
Need help deciding? Schedule a consultation.