Arbitration

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One way of staying out of court is to hire your own judge or arbitrator to make decisions about your divorce. Courts are interested in encouraging settlement, so if you want to pay an arbitrator or a private judge to hear both sides of the divorce and make decisions, they're usually all for it. (A few states don't allow arbitration in divorce cases, though, so ask a lawyer in your state to be sure it's available). 

Arbitration and private judging are similar--in both instances, divorcing spouses choose a lawyer or retired judge to make decisions in their divorce case. The main difference is that an arbitration takes you outside of the court system. While you still must file your divorce paperwork in court and get a final judgment from a family court judge, your arbitration hearing takes place entirely separately, and the resulting decision is binding on you. In contrast, when you use a private judge, the divorce court retains a role as supervisor of the private judging process, and you can appeal to the court if you're not happy with the private judge's decision. 

Both arbitration and private judging allow you to choose the person who will be making decisions about your divorce, and both allow you much greater control over the speed of the process, and much greater privacy, than having your case heard in divorce court. Learn more in the articles below.

Considering Divorce?
Talk to a Divorce attorney.
We've helped 85 clients find attorneys today.
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By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

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