The complexities of a divorce can make the process overwhelming for couples and their families. While lawyers have experienced the different variations of divorce processes, it’s a steep learning curve for those experiencing it for the first time.
Knowing which divorce options are available can help you make the right decision and prepare mentally to engage in the process.
If you’re contemplating a divorce, below are six tips from family lawyer Mississ on the best divorce options that you’ll find helpful:
- Divorce In Court If You Can’t Resolve Issues
Spouses can litigate their divorce in a court of law if there are contentious issues that they can’t resolve. Some divorces start amicably but end up being contested. Always be ready to litigate your divorce in court, even when things seem amicable or when the process begins with mediation.
To litigate your divorce in court, you need to hire a qualified family lawyer Mississ from Simple Divorce or other similar firms to fight for your rights on your behalf. The lawyer will present your case to a judge, table the evidence required, and appeal to the judge.
- Opt For Uncontested Divorce If Both Parties Consent To Divorce
For spouses who agree to divorce, the best divorce option to pursue is an uncontested divorce. This divorce option applies to spouses who can settle every divorce issue independently or with the assistance of a mediator.
In an uncontested divorce, you’ll not need to engage the court system because the divorce is amicable and much easier to handle. Although some states have laws regulating uncontested divorce, the general rule is that both spouses can’t have disagreements about finances, alimony or child custody disputes, or disputed divorce terms.
Even so, an uncontested divorce can start amicably and become contested if spouses disagree on divorce terms. If this happens, you’ll have to choose the contested divorce option where you either litigate in court or resolve the issues through dispute resolution mechanisms like mediation or negotiation.
- Mediating A Divorce Does Not Waive Your Right To Litigate
Divorce mediation is an excellent option for parties who consent to a divorce but need help addressing contentious issues. If you settle for this option, you and your spouse work with a mediator to discuss divorce issues.
This divorce option works well for spouses who agree on:
- Sharing parenting time
- Sharing marital asset
- Determining how to treat the family home
- Any other items in the marriage
Often, mediated divorce tends to be peaceful, allowing spouses to avoid the court process.
Even so, a judge must approve the agreements that couples arrive at through mediation in all states. However, the judge doesn’t change anything in the contract. While mediation allows you to settle your divorce without the intervention of a court, it doesn’t take away your right to file a case in court. It’s a great starting point, but spouses can opt to go to court if it fails.
You may also opt to arbitrate your divorce. In arbitration, you work with a neutral third party to settle the divorce. Arbitration differs from mediation because the arbitrator renders the agreed decision. The decision may be non-binding binding. Compared to civil issues, arbitration is uncommon in family law.
- Consider Collaborative Divorce
Another divorce option that works well is collaborative divorce. In this option, both spouses agree with their lawyers that if they cannot settle all the issues about the divorce, they’ll get new lawyers to litigate the case in court.
With this kind of agreement, the parties become committed to developing an out-of-court settlement without incurring costs associated with divorce litigation.
Collaborative divorces are gentler compared to other divorce options. They are helpful in cases where spouses must work together after the divorce to raise children. The presence of children in a divorce can complicate issues and increase stakes significantly.
The parties must often agree on parenting plans, child support, and custody arrangements. The collaborative divorce option works best in such situations as it prioritizes the well-being of the children and individual spouses throughout the process.
Whether consented or not, the divorce process is challenging for parties involved, their children, and their friends and families. While there are many divorce options out there, talking to a family lawyer Mississ, can advise you on an option that best suits your situation to make the process easier. If you’re contemplating divorcing your spouse, apply the four tips discussed above to see what works best for you.