Choosing One of the Four Methods for Divorce

June 28, 2012

Choosing One of the Four Methods for Divorce

Couples looking to end their marriages have more options today than in the past. Where divorce once meant protracted court battles, now people can choose to divorce in one of four ways, based on what works best for their situations: collaborative law, litigation, pro se, or mediation.

Collaborative Law

In collaborative law, both spouses are represented by attorneys who advise their clients throughout the process. The collaborative model is designed to reach deep resolution, as opposed to more superficial, often temporary solutions that don't serve clients as well over time. Couples who divorce using the collaborative model are also encouraged to focus heavily on what is best for their children, and working together through the collaborative process usually helps spouses learn how to be good parents even when they're no longer married.

The parties must be committed to working together to reorganize their family and relationships and restructure their finances with respect and transparency. The couple works through their issues, with the help of outside professionals such as financial advisors and therapists if they wish, to reach a settlement.

Collaborative law requires a big buy-in, however: If the parties cannot reach an agreement, then the collaborative attorneys must withdraw and the parties must hire new counsel to litigate the case in Court. Collaborative law and mediation both run the risk of failure if one of the spouses is intransigent or attempting to hide assets.

Even when the collaborative model fails, though, parties often find that they're far ahead of the game because - depending on how far they progressed in the collaborative process - they may have completed their required financial disclosures, started substantive settlement talks, defined their own wants and needs, and gained an understanding of what is important to the other person.

If you are considering the collaborative model, make sure that the attorney you choose to work with has been formally trained in collaborative law. Many attorneys adopt a collaborative style but have not actually received formal training on how the collaborative model works.

Litigation

Litigation is the most common method of divorcing. Going this route does not necessarily mean that the couple will end up in court; "litigation" merely means "carrying out a lawsuit." Many divorce cases reach a settlement out of court before a trial begins.

Litigation has the benefit of utilizing outside assistance of experts to help protect each party's interests. A possible drawback is that, if the parties cannot reach agreements about all the issues between them and they do end up in court, a judge is the one who ends up making decisions about such vitally important issues as child custody and division of property. Legal counsel is especially valuable in divorce litigation because an attorney will advocate on your behalf to the judge when he or she is making these decisions.

Without Lawyers ("Pro se")

Some couples feel they can end their marriage without the assistance of attorneys and act pro se, filing the paperwork themselves with the court. They may feel they cannot afford lawyers or think that they can settle matters between themselves sufficiently so there is no need for lawyers. Pro se divorce can be very inexpensive, but it also can be very time-consuming and difficult when investigating, learning, and attempting to follow court procedure and law.

Do-it-yourself divorce may be fine for those who have no children, marital assets, or marital debt to divide and who truly are splitting amicably. However, those are rare instances and more often than not, couples have intertwined themselves financially to the point where they need outside assistance to assure a fair division of assets. Spouses who agree to pro se divorce also run the risk of being taken advantage of by the other spouse. A spouse may push to get a divorce without lawyers because he or she is hiding marital assets and if lawyers got involved, those assets would be discovered.

Divorce has important legal and financial ramifications, and most people can benefit from the assistance of a lawyer. For many family law attorneys, a significant portion of their case load comes from people who tried to do their divorces without attorneys, and later realized they could have used legal assistance. It's much easier and less expensive to get a divorce right at the beginning than it is to try and un-do what was done incorrectly during a pro se divorce.

Mediation

Mediation involves couples meeting with a neutral third party well-versed in family law matters who can help facilitate communication between the parties in order to reach an agreement. Couples who use mediation report better post-divorce relationships with their ex-spouses and a greater ability to co-parent after the divorce than those who litigate, particularly because they have greater roles in creating the outcomes of their cases.

Mediation is often faster and less expensive than litigation. However, if the parties are unable to come to an agreement, then they will have to litigate or use the collaborative process in order to complete their divorce. If you are considering divorce, contact an experienced family law attorney for more information.

Article provided by The Offices of Keane Law, LLC
Visit us at http://www.jameskeanelaw.com