Three Paths to Finalizing a Divorce
After you make the difficult decision to divorce, you’re faced with even more challenging choices. What are my options for getting a divorce? Many people think going to court is their only option, but mediation and collaborative divorce may be a better fit for your situation.
Litigation: The most common and well-known route
Litigation involves an attorney for either one or both parties and a divorce judgment that is entered into the court. It can be a smooth process if both parties agree to the terms in advance, but it may turn contentious when they don’t. In these cases, hearings and even a trial may be necessary to reach a resolution. Family law attorneys guide the parties through the negotiations while helping them navigate the court system. If negotiations are unsuccessful, they help advocate client’s position to the judge.
Mediation: Beneficial for couples willing to work together
Mediation is an option when couples are willing to work together to reach an agreement outside of court. A third-party mediator steps in to facilitate discussion between the individuals and work through any major points of contention. A mediator drafts an informal Memorandum of Understanding that is used by an attorney(s) to prepare the court-required Marital Settlement Agreement and/or Allocation of Decision Making-Parenting Plan.
Collaborative Divorce: A team approach for resolving issues
Many couples seek out the collaborative divorce approach because it gives them control over the process and anonymity. This process involves a team approach which may include a coach, a financial neutral and/or a child specialist. The team and each party’s attorney meet several times in a private office to reach an agreement, which is then presented to the court for final review and approval.
Because every situation is unique, it is important to discuss your options with an attorney who can help navigate the path that is right for you. Kogut & Wilson can help you make the right decisions for your family. Call us for a copy of our guide I’m Thinking about Divorce. What are my Options? Or schedule a 30-minute free consultation with one of our attorneys.