Can Divorce Be Easy?

Breaking up is hard to do, but does divorce have to be so awful?  In a word, no.  Divorce can be tough, but there are definitely ways to make it less painful. The key is to work with a knowledgeable divorce attorney who can guide you in the right direction during this difficult process. To make an amicable divorce work, both spouses will have to agree on most issues, including child custody arrangements, child support, and property division. If you and your spouse are prepared to work amicably toward an agreement, there are alternative options to going to court and waging war on each other.

Let’s discuss the alternatives available to couples who are willing to work together so that you can determine if this route is right for you.

Collaborative Divorce

A collaborative divorce is a structured process that allows divorcing couples to work collaboratively with their lawyers and other professionals, such as child custody evaluators and accountants, to come to a mutual agreement. It is a voluntary process that eliminates the need for costly litigation.

Uncontested Divorce

If you and your spouse are in agreement with most of the terms of your divorce, an uncontested divorce may be the easiest and most cost effective option.  This can also be a good option for divorcing couples without children, a short-lived marriage, or one without a lot of community property. There is no formal trial, and in some cases, you will not even need to appear in court.

Alternative Dispute Resolution

Out-of-court alternative dispute resolution (ADR) proceedings help spouses work together to reach a mutual agreement. The vast majority of divorces are resolved before having to go to court, which makes the divorcing process much easier. Other professionals may also be involved in this process, including mediators and financial advisors.

There are several methods of ADR,including, but not limited to:

• Mediation. In mediation, you, your spouse, and your attorneys play an active role in making decisions regarding your divorce with the help of a specially trained, neutral third party. This is a great way to create creative agreements and plans that work for your family, instead of having the judge decide your fate in court.

• Arbitration. Arbitration is not often used in divorce cases, though it’s not unheard of. Arbitration is a more structured form of ADR that involves a third party making the final decision after listening to both spouses.

Going through a divorce can be emotionally and financially draining, but non-traditional ADR methods can make the process much more bearable.  These are some options that may be available to you in your divorce that can make an already difficult transition less taxing.  Carly Gallagher Murray is a skilled and compassionate divorce attorney who will help you consider all your options and make the process as smooth as possible. Contact her today for a consultation.