Alternatives To Divorce Court - Golden Ring On Red Broken Heart

Alternatives To Divorce Court

Family Lawyer

Many people imagine that all divorces will end up in court where both people are vehemently arguing against the other in front of a judge. And while that surely happens, there are other ways to settle divorce cases. One of these methods is called “mediation”, in which a neutral third party is trained to guide the couple through divorce related negotiations. A mediator is an unbiased person who can facilitate difficult conversations, such as discussions about child custody, spousal support, division of assets and debts, who gets to live in the shared home, and more. If you and your spouse are considering trying to avoid divorce court, then you can settle your own terms before that happens.

In a “collaborative divorce”, both spouses hire a lawyer and everyone agrees to try to resolve the case without attending court. By having a team of professionals to assist, it can help the collaboration process go more smoothly. It can be easy for the spouses to suddenly be at-odds with each other due to the range of emotions they are experiencing. So by having support from lawyers and mediators, among others, there won’t be added pain to an already challenging time.

One of the main benefits of having a collaborative divorce with mediation is that it allows both parties to make their own choices. Each spouse can work together to agree on parenting time, alimony, who gets to keep which belongings, and other divorce related topics. If the spouses were to attend court over these matters, it would be the judge that has the final say. It can be worth trying to collaborate and avoid court, that is, if both spouses are dedicated to working together. 

If a collaborative divorce with mediation does not quite work, then ultimately each spouse will have to prepare for divorce court. If your spouse has ever committed domestic violence against you or other harmful behaviors, it may be appropriate to file a protective order and not participate in mediation with them. Or, if you are the spouse who needs monetary assistance from the other during this time, you may have to go through the court to do so. Unless your spouse is already willing to offer you alimony and negotiate the price, this can be a particularly tension-filled topic where the paying spouse tries to avoid doing so by whatever means possible. 

As a lawyer can empathize with, like a family lawyer Des Moines, IA clients trust at Law Group of Iowa, divorce is probably not going to be the simplest thing you’ll go through. After all, it entails parting ways from someone maybe you thought you’d be with for the rest of your life, and now you have to face a new future and reality. Anyone who is struggling with the divorce process, or knows they are headed towards divorce, is encouraged to get help from a lawyer before the situation escalates.