You Have Options. Here’s How To Decide.
Once you’ve made the difficult decision to divorce, your next choice is who will handle the case.
All divorces must be finalized by a court. However, there are various ways to maneuver through the legal process. You can hire a lawyer, hire a referee, negotiate the breakup, even do it yourself.
Which divorce route you take will determine how much time you spend in the courtroom and how much you will spend.
HIRING A LAWYER
Traditional divorce litigation involves each party hiring an attorney. This is the typical approach when the parties disagree about child custody and/or support, spousal maintenance or property division.
In contentious cases, the parties find it worthwhile to have an advocate who argues for his or her client’s interests. Every decision is carefully presented by the attorney for the judge’s consideration.
Even in situations where the parties agree on most issues, legal expertise could be a good idea. This is the case, for example, where the divorcing couple’s assets are large or involve complicated financial arrangements.
A traditional divorce utilizing counsel typically is the most costly option. Depending upon the issues to be decided, it also can take the most time for the divorce to be finalized.
USING A MEDIATOR
With this alternative to traditional litigation, a neutral third party is hired by both parties to help dissolve their marriage. A mediator is generally engaged when the divorce is amicable and families with children often find it is a good solution to minimize tension and ease the youngsters’ concerns.
The mediator’s goal is to resolve the same issues that an attorney would handle, such as child custody, support and visitation, property and asset division, and spousal support. But rather than arguing a particular side, the mediator works to negotiate a mutual agreement.
Many mediators are also attorneys; others have counseling backgrounds. A mediator with legal training can help draft the actual divorce agreement. Ones with counseling experience are helpful in resolving emotional issues such as child custody, but cannot draft legal documents.
Both parties share the mediation fees, usually equally. And since the parties have fewer issues to resolve, the process usually isn’t as time-consuming. However, it is not without structure and most mediators require several formal sessions over several weeks or months to ensure that both parties are satisfied with the arrangements. These include private meetings with each party, as well as joint negotiations with both together.
For mediation to succeed, all parties must agree to the process. And even if a mediator is used, each party also can hire an attorney if additional advice is desired on particular settlement terms.
COLLABORATIVE DIVORCE
A collaborative divorce is a hybrid of regular litigation and mediation. Collaborative divorce originated in Minnesota in 1990 with a group of Twin Cities’ family-law lawyers. It has since spread across the United States and Canada. Check with court officers in your jurisdiction for its position on the process.
This process demands that the couple and their attorneys be fully committed to achieving a settlement. The attorneys for both parties assist the couple in resolving issues and legal matters via cooperation rather than through adversarial courtroom techniques.
In fact, before the process begins, all sign an agreement prohibiting them from going to court. If a satisfactory resolution cannot be achieved, the collaboration lawyers are dismissed and the couple must find other legal representation.
Since this team approach to marital dissolution employs informal discussions and conferences rather than courtroom hearings, a collaborative divorce settlement is usually less time consuming and more cost effective.
DOING IT YOURSELF
If both parties are sure they want a divorce, want it as soon as possible and have no child or property issues to resolve, a do-it-yourself (DIY) divorce is worth examining.
If both parties are comfortable with the DIY process and have reached a divorce agreement, there is no need to hire attorneys or mediators. But even with an
uncontested divorce, there are legal documents that must be prepared and filed according to local and state laws.
Several companies provide state-specific kits (books, paper forms, software, or a combination of all), usually for around $200, to help the parties complete and file the paperwork. These kits will save you money, but keep in mind that they will take time to complete properly.
If either party has any concerns about the DIY process, consider hiring an attorney simply to review the paperwork and file it for you.
There also are situations in where a do-it-yourself divorce is not advised, such as when child custody or support is disputed or when one spouse believes the other is hiding joint assets.
