Going through a divorce is heartbreaking and the thought of a trial only makes it worse. Nonetheless, you do not have to go through a trial to amicably get a divorce. The different alternatives to dispute resolution give you the peace of mind, not to mention let you save hundreds of dollars in legal fees. In fact, most litigation cases never go to trial.
According to matthewsfamilylawyers.com, Denver family attorneys and the spouses reach a settlement before going to court. Here are 2 of the out of court divorce options available:
In this case, a neutral mediator is appointed to help you and your spouse come to an agreement on all aspects of your divorce. A mediator may or not be a lawyer. However, he must be well versed in family law and divorce. Additionally, the mediator should be neutral, meaning that he should not favor or advocate for any side.
Prior to signing the final divorce settlement agreement and mediation, you and your spouse need to consult individual family law attorneys. Mediation works better if you’re looking for an amicable way to settle and have a long term relationship with your spouse. It’s also less costly, private, and easier on the children as the process is peaceful.
The disadvantages of mediation is that it may lead to legal complications, result in an unenforceable agreement, waste your time and money if negotiations fail, or the proceeding may unduly favor one person.
This happens when each of you hire a lawyer who’s been trained in the collaborative divorce process. Roles of this lawyer are different from those of a traditional divorce. The collaborative divorce lawyer assists you with the negotiation in order to reach a settlement agreement.
You’ll meet with your attorney separately and you’ll also meet your spouse and his/her attorney. The process may also include a therapist to help you with child custody and a divorce financial planner to help you go through your finances. You’ll appear before a judge in family court for the judge to sign the agreement if the collaborative process succeeds in reaching a settlement.
It is important to know that out of court divorce option is not for everyone. The best way to find out if these options will work for you is to visit a family law attorney who will evaluate your case and advise you on the available options.