Do I Have To Go To Court To Finalize My Divorce?
You’re probably used to seeing litigated divorces on television or at the movies. These are highly contentious divorces that are being dramatized for the sake of maximizing the amount of conflict between the characters. Such divorces are not representative of the way that actual divorces are handled. In most cases, divorces can be finalized without the need for courtrooms and judges.
Working out the terms of a divorce can be a challenging endeavor. This is especially true for those who have children or large estates. While many people automatically assume that divorces have to go to trial before a resolution can be reached, that’s not necessarily the case.
Many family law cases can be resolved through alternative dispute resolution methods. Two of the most popular options are mediation and collaborative divorce. In this article, the Orlando divorce lawyers at Greater Orlando Family Law will discuss the role alternative dispute resolution plays in resolving divorce and how you can benefit from these methods.
What is mediation?
Mediation is a type of alternative dispute resolution in which a neutral third-party mediator helps facilitate discussion and ground the divorcing couple to reach a divorce settlement without going to court. The mediator helps with things like equitable distribution of the marital estate, alimony, child custody issues and time-sharing, and child support.
The mediator does not make any decisions but can provide intermediary communication to reduce the amount of tension felt by both parties. The mediator helps both sides negotiate the terms of the divorce and child custody until they can agree on a resolution.
Successfully mediated divorces are significantly less costly than litigated divorces. In a litigated divorce, each side pays for its own attorney and expert witnesses. Attorneys are expected to file motions and represent their clients before a judge, advocating on their behalf.
Not only is mediation less costly, but mediation is a private process and anything said during the mediation process is kept strictly between the couple and their mediator. That’s not the case when you take matters before a judge. Everything said in court is a matter of public record. The proceedings are not private.
Collaborative divorce
Collaborative divorce is another type of dispute resolution process. It is good for couples who don’t want to go to court, but who can’t successfully mediate their divorce. In a collaborative divorce, each side has their own attorney. Both attorneys work together with neutral third-party experts (usually financial experts and child psychologists) to resolve the divorce as amicably as possible. The process avails itself to solutions that wouldn’t be accessible in litigation.
Both parties and their attorneys sign an agreement to commit to the collaborative law process and not go to court.
Talk to an Orlando Divorce Attorney Today
Greater Orlando Family Law represents the interests of Orlando residents who are preparing to divorce. Call our Orlando divorce lawyers today to schedule an appointment, and we can begin discussing your goals and concerns right away.
