Facing divorce is never easy or without cost, both financially and emotionally. Some of the financial costs can be extremely burdensome, including the high cost of divorce lawyers, court fees, child-care expenses, alternate housing, and more. While divorce will no doubt always be expensive, there are ways to mitigate the high price of divorce, and that’s by pursuing alternate methods for divorce, rather than traditional court proceedings. One of these methods is an arbitration divorce.
What is Arbitration?
Hiring an arbitrator means that you and your spouse agree to have a neutral third party listen to your divorce case, rather than a judge. This neutral party has authority to negotiate a settlement, and both parties to the divorce agree to the arbitrator’s settlement.
What Does An Arbitration Proceeding Look Like?
Arbitration functions a lot like a hearing, but is more informal than court proceedings, and need not necessarily follow the same courtroom procedures. Arbitration also can take less time then court proceedings, because you are not subject to the demand and scheduling difficulties of divorce courts. Unlike in mediation, which is another divorce alternative, an arbitrator has a binding say in the outcome of your divorce. In mediation, the mediator does not have authority to impose a settlement.
The cost of the proceeding can vary depending on who you hire as your arbitrator and how complex the arbitration is. You may pay an hourly fee for the arbitrator, or you may be charged a flat fee for the divorce.
What are the Advantages of Arbitration?
- Less expensive – with arbitration you do not have to pay court fees or pay for a lawyer to represent you before a judge. Because you are able to make many of your own rules for the proceeding, your divorce does not have to take nearly as long, or cost as much. While your arbiter can be an attorney, and while you still should hire a lawyer to make sure you are protected during arbitration, you are paying a set fee for arbitration, and you will have fewer hours with your divorce lawyer.
- Less formal – the fact that arbitration is not an official court proceeding means that both sides can agree to how evidence is entered, how testimony is received, etc. The proceeding can be much more relaxed than typical courtroom divorces.
- Less time – you can receive a hearing date, and ultimately a settlement in much less time than with traditional divorce proceedings.
- More control – both sides can choose their arbiter, especially considering specific areas of required expertise, such as child law, bankruptcy, etc. You do not have a choice as to which judge you are assigned in open divorce court. Both sides can also decide on procedures.
- More privacy – having fewer people involved in your divorce and less time in open court means you have more privacy.
Getting Help
Before deciding if an arbitration divorce is right for you, speak with your attorney. He or she can provide you with information on what an arbitration divorce is likely to cost and on whether the process is right for you.
