Divorce is one of the most stressful life experiences that a person can go through. When you or your spouse chooses to file for divorce, you might not know that you have options. You might not know what to think because of the emotional and mental stress you are experiencing. If you and your spouse are about to go through a split, your next step is going to be to choose between traditional litigation method, mediation, and a collaborative divorce.
Litigation is the most common type of divorce that people go through. Although the majority of cases settle at some point during the divorce so that the case never actually goes to trial, this method can be fraught with challenges. However, there are also many advantages to divorce litigation. For example, it gives you the opportunity to be heard in court, which is often what partners need. Also, if the divorce is filed and there is something you do not agree with, you can take it through an appeals process.
In divorce litigation, you and your spouse will both need an attorney and go through likely several months of back and forth litigation. Mediation allows you and your spouse to work through a single mediator to work out the ins and outs of the arrangements. A mediator is there to facilitate the discussion, but you and your spouse are the ones controlling and directing the conversations. These important considerations such as child and spousal support, visitation, and custody are discussed between the two of you and not decided upon by a judge who doesn’t know you.
Collaborative law is a relatively new process by which a couple agrees to divorce by hiring their own lawyers and working with a coach to collaborate on the different points of your divorce. Through a series of meetings, the coach sets the agenda and helps both parties reach a settlement. Usually the attorneys representing each of you will sign a participation agreement that says if at the end of the collaborative process you are unable to come to a settlement, then you and your spouse will be required to hire new attorneys and go through different means to divorce.
You should be careful to approach this sensitive and stressful situation with some foresight and care so make sure you pick the best option for you and your spouse. Litigation has its benefits but so does collaborative law and mediation.
Visit this website to learn more about your different options to approach a divorce when you hire a family law firm in La Quinta.