If you're considering divorce, you're probably wondering where to start. While you may fear that all divorces end with heated arguments in court, there are many divorce options to consider. If you would like to know more, keep reading to learn about three popular divorce options.
1. Mediation
Mediation is the ideal option and a great place to start. With mediation, you avoid court, and the decision is left in the hands of you and your ex-partner. However, there is a mediator to help guide the process. A judge must still approve the settlement. During mediation, you and your ex agree on the terms of the divorce settlement, so you may want to hire an attorney, depending on the situation.
For example, if you and your ex are on good terms and fully agree on the settlement, you may not need an attorney. However, if you need to negotiate at all, an attorney is better equipped to get you the settlement you deserve. Similarly, even if you and your ex are on good terms, you should consider an attorney if you have kids, expensive property, businesses, etc.
2. Divorce Litigation
If you and your partner cannot agree on a settlement after negotiations in mediation, you may have to go to court. In court, your attorney will present your case, which may include proving you should have custody of the kids and/or ownership of the house. They may also help determine what debt/assets are yours.
The downside to divorce litigation is that the judge gets the final decision. If kids are involved, the judge will usually try to do what is best for the kids. For example, if one parent has a more stable life/job than the other, the judge may award full custody to the more stable parent. On top of that, the judge may award them the house to shelter the kids.
3. Collaborative Divorce
Collaborative divorce starts in mediation. However, you can't use the same attorney for mediation and court. Before the process begins, everyone (including the attorneys) agrees that if mediation fails and going to court is required, you and your ex must hire new lawyers for the court case. Luckily, this means everyone is better focused on the mediation, but it does mean another lawyer must become familiar with your case.
Divorces can be stressful and emotional, but you don't have to do it alone. A divorce attorney can help you get a fair settlement while you focus on healing. If you would like to know more, contact a divorce attorney today.
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