When
going through a divorce, people often worry about the court element. But what
if you didn’t have to go through the court proceedings? There are alternatives
that you can try before it gets to the point of needing a judge. If you can
resolve your differences early on, it’s possible you won’t need a judge, except
to confirm the legal binding of your decisions.
There
are a number of factors to consider when you are getting divorced. If you have
pets, you might need to decide who gets which pet. Children and their custody
and support will also be a big deal. You will need to figure out visitation
rights and when the non-custodial parent can see them, as well as where the
children will go to school if the parents are sharing custody.
Finances
are always a big concern, too. Who gets what? If you own property or other
assets together, they need to be dealt with and you’ll find it tough to do this
on your own. Without a court’s help, how can you possible make this happen?
You’ll need a good, solid alternative.
Wondering
how that might work in your particular situation? You can try one of the
following options:
Arbitration
Since
2012, it’s been possible to resolve family issues
via arbitration, thanks to the scheme created by the Institute of Family Law
Arbitrators. Arbitration involves agreeing on a person to listen to both
parties. The end decision will be final and abiding. In some cases, you need to
apply for an order from the court to make it official.
An
arbitrator can handle situations such as couples breaking apart, whether
married or not. It allows couples to manage their financial separation outside
of the court. The arbitrator will make decisions on things that the two parties
cannot agree on. This is settled very much like court, in that the same laws
are referred to. However, at any point, the involved parties can choose to stop
arbitration and continue to court, if desired.
The
biggest advantages of choosing arbitration include getting the entire process
done quickly, and lower cost than hiring a lawyer for court. It is also
something that lets you select who will be making the decisions, as opposed to
court, where you have no say in who will be in charge of your fate.
Collaborative law
This
is another method of solving issues between two people without relying on the
court. This involves each person having their own solicitor and meeting in a
calm way, to discuss the options. It allows you to make decisions through
careful discussion, rather than presenting everything in a court and hoping for
the best.
To
begin the process, you’ll both need to sign a participation agreement, which
lays out the divorce process and how your negotiations will continue. If things
start to fall apart at any point, your lawyers will retire and you’ll need to
move the process to court. Most couples want to avoid this at all costs,
however, so they will work hard to keep their lawyers and to ensure that talks
are peaceful and productive. That’s all you can hope for when you are dealing
with the separation of a family.
For
couples that are determined to have a quiet, simple divorce, collaborative law
is the best method of resolving potential problems and laying out all the
necessary decisions. Having lawyers there can help move negotiations along and
keep things civil.
The
main advantages to this method of divorce include being able to set your own
timetables and selecting what is most important to your family. It’s all
transparent, as well, which is useful as you move through negotiations.
Mediation
When
it comes to making decisions about alimony, child support and visitation with minor
children, divorcing couples may have trouble coming to an agreement.
It’s natural to have issues when you’re separating and chances are, you won’t
be on the same page for many things. This is where mediation comes in.
Mediation
is entirely voluntary and courts usually encourage it. Your mediator simply
presents options, encourages discussion, and helps clarify matters. Decisions
made with a mediator are not legally binding, but can be presented to the court
to create a legally binding paper if need be.
The
advantages of this method of divorce dispute include cost effectiveness and
complete confidentiality. It can also be set up at any point, even if you’re in
court for your divorce. That means you can make decisions regarding finances
and custody in mediation, while handling the nitty gritty of the divorce in
court.
How to Find Good Family Law Lawyers
If
you are getting a divorce, you’ll probably want a good lawyer, preferably one
who is well-versed in family law matters. The trouble is finding someone who is
open to alternatives to court dates and who is familiar with the various
alternatives. A lawyer who doesn’t know how to manage mediation, for example,
isn’t going to be of much use.
The
first step is to find a good law firm. If you plan to use an alternative to
court, you can also go ahead and ask arbitrators or other professionals if they
can recommend a good family law firm.
It’s
important that you use a family law lawyer, since they will have the necessary
experience to guide you through the process that is alternative divorce.
Once
you have a firm, you can talk to them about available lawyers. It’s a good idea
to meet the lawyer you intend to work with. They should be someone you feel
comfortable with, since it could be a long process. If you’re uncomfortable
with your lawyer, it will be very difficult to come to an agreement with your partner.
Discuss your ideas with them and your expectations, in order to get a feel for
how experienced the solicitor is with this type of law.
If
you do end up going to court, you will want to make sure you have a lawyer who
is able to handle this, as well. Not all mediations or arbitrations work out
the way you expect them to and you may end up back in court after all in the
end. Some people will start out with common agreements, but when things don’t
work after the first few months, they may need to return to court to create a
more binding decision and have the judge make the decisions.
Family Law Legal Advice
Even
if you are handling everything yourself, via mediator or other method, you
should consider getting some legal advice from a family lawyer. They will be
able to let you know what to watch out for and how to make sure that everything
is as fair as possible. Even if you won’t actually be using their services,
consider sitting down for an hour or two with a lawyer who specialises in this
area in order to pick their brain. It’s worth the cost, because you’ll learn a
lot that you didn’t know.
When
you go into negotiations with your ex-spouse, you need to be prepared. Even a
friendly divorce can be tricky and it may turn sour within a short period of
time. Try to get ready just in case and talk to a lawyer. You will also want to
have a backup in case you end up going to court anyway.
Many
people prefer to avoid court, if possible. After all, no one wants to leave the
fate of their marriage and children up to a judge who may or may not be biased.
However, you also need to know what the options are and how you can make them
work for you. Alternatives to court are not always the best option, but you
can’t know that for sure until you have tried.
Learn
as much as you can about divorce and all the necessary agreements that need to
be made before you enter into an alternative to court. When it comes to finding
a lawyer, family lawyers are the best option. They know what they’re dealing
with and how to help you get the best possible outcome, whether you’re going in
front of a judge or trying to do this without the court.
Are you looking for a
family law lawyer? Contact Hawley and Rodgers today to find out how we can help
make your divorce easier.
