Every divorce is different, just like every partnership is unique. Because of this, there isn’t a specific method for getting a divorce for a marriage. In reality, choosing the form of divorce one will undergo is the most crucial choice one needs to make to obtain a divorce.
It is important to make a proper decision when choosing a men’s divorce attorney rather than starting over if early efforts fail, which is the best way to save money and time. One’s efforts will yield positive results if one can control the emotions and have a reasonable level of trust between their partners rather than letting one’s emotions run wild and produce bitterness. This will result in a prolonged legal battle that will drain the partner’s emotional and financial resources.
Understanding 5 Different Options For Divorce
When one has considered every aspect of their marriage, it is time to choose a specific course of action. It’s crucial to remember that this choice is not final, so if one’s circumstances change, one can alter the course of the divorce. Here are the different options one should explore before finalizing the right choice.
1. Mediation
A few couples seek the assistance of a mediator—a neutral third party—to assist them in settling their divorce. Both privately conducted and court-mandated mediation is intended to allow spouses to express their concerns and reach a fair agreement.
The two key advantages are affordable costs and greater chances of coming to a fair settlement. Through mediation, divorcing parties can agree and abide by it, thereby making life easier. Yet, mediators can only offer one party advice or recommendations to maintain objectivity.
The parties can opt for a solicitor during mediation to review the agreement and provide guidance before the parties sign it. Both parties should seek separate legal counsel to ensure that they are fully aware of the legal implications of the agreement they have made, even if the mediator is also a solicitor.
Mediation could be an excellent option for finalizing the divorce to avoid a drawn-out legal battle and be ready to bargain reasonably. However, mediation is typically not advised where there is a history of mental illness or abuse, when the parties cannot communicate effectively, or whether the children’s best interests are being upheld. Couples who want a mediator to make the final choice for them should avoid mediation, as well.
2. Arbitration
Arbitration, as opposed to mediation, transfers decision-making authority from the individuals to divorce to a neutral third party. Both partners should connect with the arbitrator in the absence of their attorneys, discuss their priorities and goals, and then leave the decision up to the arbitrator’s judgment.
An arbitrator’s judgment is typically the last call, leaving the couple with no other option except to abide by the terms of the settlement that are determined for the parties. The advantage is that an unbiased third party assumes control to make sure that crucial divorce decisions are based on logic and truth rather than the emotionally charged opinions of the divorcing parties. Moreover, arbitration is less costly than legal action in a court of law.
Arbitration is not the ideal choice if one wishes to keep the ability to negotiate multiple times and dispute the divorce arrangement. It is a practical method to resolve divorce-related disagreements when both parties can abide by the judgments of an impartial third party.
3. Collaboration
Collaborative divorce, the newest alternative to litigation for divorcing spouses, frequently enlists a team of experts to assist in case resolution. Experts from mental health, finance, law, and child advocacy work together to assist families with the procedure. The process enables each party to hire a separate, particularly trained solicitor to serve as a coach; all other experts are shared by wife and husband to save costs.
The attorneys’ goal is to assist their clients in reaching a fair resolution. The collaborative team must quit and must restart the process with a new counsel if the parties cannot achieve an agreement. Both lawyers and the parties sign an agreement stipulating that they will settle out of court.
As there are specialists accessible to manage the inevitable emotional, financial, legal, and child-related concerns that may occur, collaborative divorce can be a very effective method of getting a divorce. A respectful and fair outcome is made possible by the varied perspectives the collaborative team members contribute.
4. Litigation
Both parties can submit their cases that proceed to trial (either as pro se litigants or through a judge’s representation). Rather than creating their arrangement, they depend on the expertise and foresight of a magistrate to decide their fate.
The costs for litigation can be exceedingly high, particularly in complex, protracted divorce situations. Another undesirable element is that judges frequently award judgments to couples who can only agree with the court’s assistance. The couple has to abide by a settlement they helped negotiate rather than by a judge’s orders.
Litigation is not the best way to settle the conflict if one wants to maintain control over how the result of divorce will turn out. Litigation may be required if one feels confident leaving the outcome of the divorce in the hands of a court or if any different methods of resolving the divorce disagreement have failed.
5. Do-It-Yourself
Some couples can represent themselves during a divorce to save on legal bills. Such a situation will work out in an uncontested divorce where the parties can agree and create a mutually agreeable final settlement.
The costs are quite low. Only a filing fee and potentially a charge will be required to serve one’s spouse with legal documents. One can even ask the court to waive the fees if one can demonstrate that paying them would be difficult.
Many resources are also available online or by buying a book on DIY divorce. Non-profit groups occasionally offer legal services to assist as well. Early on in the process, be careful to enquire about the resources at the courthouse.
The downside is that the individual will be judged by the same standards as those who hire attorneys. Also, one may need to fully comprehend all the financial and tax repercussions of the final settlement, which could cost a lot of money.
Also, if one has a lot of experience writing contracts, the final settlement could be more thorough and protective of one’s interests according to one’s expectations. Nonetheless, a lot of people do take this path and experience success.
Conclusion
No matter how long one has been married or who decided to get a divorce, the decisions one makes before filing for divorce will determine how the entire process plays out for both parties. Yet, one can only make wise decisions if one gives enough time to educate oneself and prepare for divorce.
