When you’re facing a divorce, you may wonder how it’s all going to play out. Is your spouse going to prove difficult? Are you going to get the property you feel you deserve? Do you have to go to court? One of the best ways to find the answers to these questions is to jump right into the process and get started, though your lawyer may have the answers as well. The following will help you understand some options you have to avoid going to court for your divorce.
If you and your spouse are amicable about the situation, you may be able to come to an agreement on your own. It’s still a good idea to have a lawyer sit with you while you meet with your spouse, just to be sure everything is fair and in your favor, but you can often avoid court if you can agree on some things amicably. Be sure you discuss everything necessary including spousal support, child custody, child support, property division, debt division, and anything else that feels necessary.
A mediator is someone who is professionally trained to help couples work out their differences during the divorce process. A mediator will need all of your information ahead of time so he or she has a clear understanding of your situation, and so the process can run more smoothly. If you and your spouse have both written up possible terms of the divorce, the mediator can find ways to ensure you both feel validated and receive what you want, while also respecting the other spouse. If you can work out a divorce agreement this way, you could avoid court.
This is similar to mediation, though it doesn’t always require an actual mediator. Each spouse’s attorney will act as a mediator, coming together to help the couple agree on some important aspects. There could be other professionals who are a part of the collaboration, such as appraisers, accountants, and psychologists, and all of those individuals need to be neutral to the situation. With all the information they present, a couple could decide on what is best for everyone involved.
This type of divorce is similar to combining collaboration with a court divorce. The arbitrator acts as a sort of judge, making the decisions a judge would normally make, but the process isn’t as strict as it would be in the courtroom. Arbitration is final and binding, so you should be sure this is right for you.
Hiring a Lawyer
When you’re about to divorce, it’s understandable you have a lot of questions. If you’re wondering if there’s a way to avoid going to court, contact a family lawyer, like a family attorney in Tampa, FL, who can help you.
Thank you to the experts at The McKinney Law Group for their insight into family law and contacting a lawyer.