Law

Can You Get a Divorce Without Going to Court?

Many people may be unaware, but it is possible to divorce without a court trial. It can be done with the help of alternative dispute resolution. If you and your spouse divorced amicably, there are several alternatives to litigation that you can use to finalize your divorce. Check this website for more information.

The methods for an uncontested divorce are as follows:

  • Mediation

It is a commonly used method of ADR. Mediators are those professionals that assist ex-partners in settling their differences to achieve an agreement. They are generally legal attorneys or experts in child custody.

The spouses must provide the meditator with the necessary information and documents. The mediator helps in the reduction of settlement terms to a written agreement.

This process is comparatively less stress-inducing than litigation. The approach is informal, and the meetings occur in the mediator’s office. There is no mandate for individual legal attorneys by spouses, and the couple shares the mediator’s charges.

  • Collaborative Divorce

It is similar to mediation, but the approach to settling is slightly different. There is no involvement of a mediator or another neutral third person in the process. Instead, each spouse must have their attorneys and engage in an effective meeting to conclude.

 The agreement is reached after multiple four-way sessions involving the spouses and their lawyers. The legal attorneys hired by spouses are generally collaborative divorce experts and do not practice litigation in most cases. They prefer to settle cases through teamwork and a collaborative approach. Everyone involved in the process is encouraged to work together to reach an agreement. Professionals like child psychologists, accountants, etc., are involved in the process to provide the necessary guidance to the spouses. They are unbiased and neutral.

People choose the collaborative approach as it comforts spouses through attorneys’ representation. They are there to assist them in all the stages of the settlement. However, it can be risky, as if the couple fails to cooperate and reach a conclusion, they will be required to restart the process with new lawyers. Additionally, it can be financially straining for both parties.

  • Divorce Arbitration

Couples can opt for arbitration if they want to avoid court intervention but do not have any chance of settling their dispute on their own or with the help of mediation or collaboration. The arbitration process is different as the arbitrator gives a final decision instead of settling the case. The arbitrator is similar to the judge in this aspect. He evaluates the case and provides judgment regarding the terms and conditions of the divorce. The decision made by the arbitrator is final and not subject to appeal.

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