Unfortunately, over half of marriages in the United States end in divorce, and as a result, thousands of divorce cases are brought before family courts every year. When a divorce case lands in court, it is likely to cost spouses much time and money, but does that have be the case with your divorce? Are there alternatives to an expensive, emotionally taxing courtroom divorce? In fact, there are several ways to keep your divorce out of court. Two strategies in particular involve arbitration and collaboration.
Arbitration Divorce
Rather than take your divorce to court, you can pursue arbitration. Arbitration resembles a trial, but minimizes the formalities of a traditional courtroom. In arbitration:
- You bring your case before an arbitrator rather than a judge or jury. This arbitrator is:
- Selected by both parties and their attorneys. In a divorce court, you do not have the ability to choose your own judge.
- May be a retired judge or an attorney with extensive experience in divorce matters
- Your case is heard in a conference room rather than a courtroom, which makes it much less formal of a proceeding.
- The arbitrator acts as a judge, listening to testimony by the spouses and their witnesses, who are questioned by attorneys.
- Evidence, in the form of various documents, is examined for each side in the divorce.
- Timing is essentially set by the divorcing parties, the arbitrator, and the attorneys, rather than being subject to the time pressures of court.
- Based on all testimony and evidence, the arbitrator makes his or her determination. Decisions are often made promptly.
Collaborative Divorce
Rather than using a court or even arbitration, your divorce can be expedited and simplified if you and your spouse agree to many of the terms of your divorce. In a collaborative divorce, divorcing parties and their attorneys agree to a “Participation Agreement,” whereby they agree to divorce using negotiation. Attorneys simply help their clients through the process, because much of the work of a collaborative divorce is done by the divorcing parties themselves. They determine the terms of their divorce, including child support and custody matters, the equitable division of assets, etc., and make sure that the final agreement is legally recorded by their attorneys with the courts.
Unlike arbitration, collaborative divorces require even fewer formalities and less time. No witnesses or formal testimony is typically necessary, and this process can serve to save divorcing couples much time and effort.
Getting Help
Whether you decide on arbitration divorce or collaborative divorce, the assistance of a qualified and experienced divorce attorney is essential to helping the process go smoothly. Your lawyer can help you make sure you remain unemotional, keep a clear head and protect your rights during the divorce.
