Originally published by Robert Kraft.
Divorce can be a complicated and emotional process for many people. It is important to go into a divorce with a full understanding of how the process may work and what options you have. There are actually a variety of ways to successfully complete a divorce other than the traditional route of litigation. There are advantages and disadvantages to each method depending on your particular circumstances. There is really no best way to get divorced or option that will work for everyone. It is important to consult with a divorce attorney before making any major decisions.
Mediation
Mediation is a common divorce option that is gaining ground all across the United States. This is because mediation has many advantages and generally results in better and cheaper divorce settlements.
In mediation, each person interacts with a mediator instead of a judge. Both parties still have their own attorneys for legal representation, but the spouses themselves work with the mediator to reach an agreement. Unlike a judge, the mediator cannot force an agreement of any kind. They are there only to help the parties agree.
The usefulness of mediation will often depend on the couple’s ability to work together. If there is a great deal of animosity between the couples or if they have had an unhealthy relationship for a long time prior to the divorce, then mediation will not work well. Some states require couples to attempt mediation before bringing the divorce to court. It is important to keep in mind that if mediation fails, the divorce process essentially has to start all over again.
Collaborative Divorce
Another divorce alternative that aims to create a healthy and less expensive split between couples is a collaborative divorce. This kind of divorce is similar to mediation, but it removes the mediator from the process. Couples and their attorneys work together even more directly together to create the divorce agreement.
While a collaborative divorce can be remarkably cheaper and easier than a litigated divorce, it only works well for divorces that are relatively uncomplicated and involve people willing to work together and agree. The lack of even a mediator to help the parties only intensifies the requirement that each spouse be willing to listen and compromise.
Sometimes additional experts may help with a collaborative divorce. Even relatively simple divorces may need financial experts to help a couple determine what to do with high-value assets or investments. Divorces that involve many high value assets or a business may become too complicated for a collaborative divorce to work well.
Temporary Orders
Regardless of the path a divorce follows, it is likely to be a lengthy process. A heavily litigated divorce may take many months or over a year to resolve. It is important that financial obligations, child support and other important matters be taken care of while the divorce is still in process.
Temporary orders are used to specify each spouse’s obligations, such as temporary alimony or debt payments, before the divorce is finalized. It is important for a spouse to work with their attorney and get a temporary order to be sure finances and assets are not endangered or overlooked as the divorce progresses.
An attorney’s representation is extremely important regardless of how a divorce is handled. An attorney, like the professionals at Divorce Matters, is able to assess a divorce and agreement with a neutral perspective and can help a client be sure that no details are overlooked. It is almost always easier to ensure that a divorce agreement includes everything important rather than trying to get it altered later. An attorney may suggest these and other options for divorce settlement depending on the situation.
Author Bio: Emma Sturgis is a freelance writer living in Boston, MA. When not writing, she enjoys reading and indoor rock climbing. Find her on Google+
Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.
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