When you and your spouse decide to get a divorce, you have the choice to proceed with arbitration or with divorce litigation. The best choice for you and your spouse will depend on several factors, from cost of legal fees to how long the proceedings will take to the assets that are being considered in the divorce proceedings. There are advantages and disadvantages to both arbitration and divorce litigation.
What is arbitration?
Arbitration involves you and your spouse hiring an arbitrator to resolve the disputes that arise during the divorce proceedings. The arbitrator will hear your cases and reach a binding decision that cannot be appealed.
What is divorce litigation?
Divorce litigation is having your cases for divorce heard by a judge in a court of law. You both have lawyers representing you and your interests as well.
Advantages of Arbitration
Using arbitration in your divorce proceedings will often result in your proceedings being concluded quickly than if your case goes to trial. This will lead to lower costs, as you won’t have to retain your lawyer for a longer period, waiting for your divorce case to be called into court. Plus, arbitration rulings cannot usually be appealed, further shortening the time that the arbitration proceedings will take to resolve the divorce issues.
You can schedule arbitration hearings around your schedule, including evenings, something that is not possible in divorce litigation. Arbitration is also more flexible and informal as compared to divorce litigation.
Outside of custody and child support issues, arbitration proceedings are not in the public record, as the proceedings take place in an attorney’s conference room.
Disadvantages of Arbitration
If you do not like the outcome of the arbitration case, you normally cannot appeal the ruling, whereas you can normally appeal the outcome of divorce litigation.
- For arbitration to take place, both parties must agree to it.
- If your spouse does not follow the arbitrator’s order, you still may wind up in court.
- Arbitration is often more expensive than an easily negotiated settlement.
Advantages of Divorce Litigation
The greatest advantage to divorce litigation is that you can appeal the ruling if it is not to your liking. Additionally, you can have your arguments heard in court.
Disadvantages of Divorce Litigation
Everything involved with the divorce litigation proceedings are made public, from the trial itself to the documents pertaining to the trial.
Trials can take a very long time, especially if your case is started and put on hold continuously. This can lead to more expensive costs, since you must retain your attorney throughout the whole time your case is pending.
The judge can be inflexible, and he/she is the one who will decide upon your settlement. You also must obey the judge’s rules during the trial itself.
Attaining Legal Help
When going through a divorce, choosing whether to proceed with arbitration or divorce litigation can be a tricky matter. An established and experienced divorce attorney can help you weigh your legal options and determine whether arbitration or divorce litigation would be a better choice for your divorce proceedings.
