the modern woman's divorce guide

Once upon a time divorces were handled exclusively by judges in courtrooms. Today, there are a wide range of dispute resolution options that may be used to resolve your divorce related issues. These alternatives include Kitchen Table Negotiations, Mediation, Arbitration, Collaborative Law and Litigation, and one must be selected as the method to be used in your case.

Kitchen Table Negotiations are still fairly common today and enable parties to quickly wrap up their divorces. The fees associated with this method are usually limited to court costs, which makes this a good choice if you and your husband communicate well and remain civil in spite of the pending dissolution of your marriage.

In Divorce Mediation a neutral mediator is hired by the parties to help them work through their divorce issues and voluntarily reach a mutually agreeable settlement. This process allows couples to maintain control over the outcome of their case rather than accepting something imposed by a third party. The mediator’s fees are usually shared equally by the parties or paid out of a marital account. Mediation is a great option if you and your husband are both able to make rational and reasonable decisions with the help of a trained facilitator. Learn more about Divorce Mediation.

In Divorce Arbitration, which is often confused with mediation, couples present their cases to a private arbitrator who works outside of the court system and is not a state court judge. The arbitrator acts much like a judge and makes decisions in your case that are legally binding and cannot be appealed. Divorce Arbitration is generally less expensive than litigation, however, because of its inflexibility, is rarely the best choice for divorcing couples. (Divorce Arbitration is not permitted in all states, thus, it may not be an available option for you. Check your state laws.)

Collaboration or Collaborative Divorce is a process that uses a multidisciplinary team of lawyers, counselors, financial specialists and child specialists to facilitate a divorce settlement. All team members are committed to resolving your divorce without going to court and will be disqualified from further involvement in your case if you resort to litigation. Each party pays their own attorney and coach and one-half of the financial and/or child specialists fees. If civility and preserving your long term relationship with your soon to be ex-husband are top priorities, this is a great option to consider. Learn more about Collaborative Divorce.

Lastly, there is the traditional path of most resistance, also known as litigation. Litigation is usually the most costly divorce alternative and involves trial lawyers, judges, experts and witnesses. Because court calendars are back logged, divorces awaiting trial can stagnate and take years to resolve. Divorce trials may, however, be your only choice if your husband is unwilling to compromise or completely unreasonable, in which case, a judge’s legally binding decisions may be exactly what you need to finalize your divorce and ensure you receive that which you are legally entitled to receive. While litigation is an option that has its value, it is often a choice of last resort. Learn more about going to court.

This is not legal advice. You should consult an attorney if you have legal questions that relate to your specific divorce. Technorati Tags: weekly divorce mediation divorce arbitration collaborative divorce law trial court litigation divorcing divorced legal women woman law