SETTLING YOUR DIVORCE

ARE MY ONLY OPTIONS TO MEDIATE OR GO TO TRIAL?

To finalize a divorce, the parties have to come to a full agreement, or the Judge determines the outcome after a trial.  Many people think their only option to reach a full agreement is through mediation and that if they engage an attorney they will then have to face a bitter court battle.  However, there are various avenues and methods employed by attorneys which generally result in a full settlement and avoiding trial.

Many parties come to a full agreement with two attorneys – the attorneys work together and negotiate a full settlement while still advising and advocating their individual clients.  Parties can also hire attorneys trained in collaborative law and agree to divorce via that process.  There are also two other formal processes called arbitration and conciliation.

Divorce presents many issues that need to be resolved.   It is not always the complexity of the case that determines what path it will take – it is the willingness of the parties to work together to come up with a solution, and each be able to compromise. Some cases use various methods to reach a full agreement – the parties may have worked together to develop a comprehensive parenting plan but need some assistance for the division of assets.

Regardless of which path you choose to resolve your divorce, it is recommended you speak with an attorney to discuss the various options available.   An attorney can help you determine the best course for your individual circumstances, as well as to ensure your rights are protected and you understand what you may be giving up.

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