When couples decide to go through a divorce, they sometimes wish to complete the process outside of a courtroom to avoid litigation. It is because of this that there are alternative methods to divorce that are available to couples. These alternatives exist outside of court and do not require the spouses to participate in a trial. While it is not possible for all couples to do, they can be beneficial for those who are able to come to agreements without the assistance of a judge. This allows couples to reach conclusions regarding their marital issues on their own terms through healthy discussions. These discussions pertain to issues such as child support, child custody, the division of assets, and alimony.
A common alternative divorce method that is used is the process of mediation. During mediation, spouses work together to negotiate the terms of their divorce. This includes how they wish to arrange their marital issues. Mediation takes place with the assistance of an unbiased third party. This third party is there to mediate any disagreements that may occur and guide the spouses towards solutions that work best for them.
Once a couple concludes this process and makes their decisions, the mediator drafts an agreement for them to sign. This is presented to the court for review. If the court agrees with the couple’s arrangements, they will be granted a Judgement of Divorce.
There is no set duration for mediation. This means there are no time constraints to meet a deadline so the process can last as long as a couple needs to settle on their agreements. This allows them to take their time figuring out these sensitive matters.
A collaborative divorce consists of a series of four-way meetings that allow spouses to communicate with one another and settle their marital issues. These meetings are guided by the spouses’ attorneys instead of a third party. They help guide the spouses to amicable decisions.
Collaborative divorces are supported by a Participation Agreement. This is a document signed by both spouses and their attorneys. It details each individual’s responsibilities during the process. This requires them to put in the necessary effort to make the process work. When the attornies sign it, they are prohibited from representing their clients if the process does not work.
Another option for divorce that does not require litigation is arbitration. This process also requires the assistance of a third party. However, unlike mediation, this third party acts as a judge during the proceedings. Instead of guiding a couple to their agreements, this individual is able to make all the final decisions regarding the couple’s marital issues.
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If you or someone you know is going through a divorce, contact Paris P. Eliades Law Firm LLC. today.
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