When a couple chooses to divorce, they sometimes wish to do so outside of a courtroom to avoid litigation. Because of this, there are several alternative methods to divorce available to couples that do not require a trial. While it is not always possible for all couples, some are able to come to agreements regarding the terms of their separation without the assistance of a judge. These alternatives allow couples the opportunity to reach conclusions regarding their marital issues on their own through peaceful discussions. These discussions pertain to issues such as child support, child custody, the division of assets, and alimony.
A commonly alternative method of divorce that is used is the process of mediation. During mediation, spouses come together to negotiate the terms of their divorce and how they wish to arrange their marital issues. This takes place with the assistance of an unbiased third party. This person exists to mediate any disagreements that may take place and guide the spouses towards solutions that are in their best interest.
Once a couple concludes this process and makes their decisions, the mediator drafts an agreement for them to sign. This document is presented to the court for review. If the court agrees with the couple’s arrangements, they may be granted a Judgement of Divorce.
It is important to know there is no set duration for mediation. It can last for as long as a couple needs to settle upon an agreement. Because of this, there are no time constraints put upon the spouses to meet a deadline. This allows them to take their time handling these sensitive matters.
A collaborative divorce exists through a series of four-way meetings. These meetings give spouses the chance to communicate and settle their marital issues. This process is different than mediation, as the negotiations are not guided by a third party but the spouses’ attorneys. They help guide the respective parties to reach amicable decisions.
Collaborative divorces are supported by a Participation Agreement. This is a document signed by both spouses as well as their attorneys, detailing each individual’s obligations during the process. It requires them to put in the effort that is necessary to make the process work. When this agreement is signed by the attorneys, it bars them from representing these clients in the event that the process does not work. This also holds them responsible for putting in the effort to ensure the success of their clients.
Another option for divorce outside of litigation is arbitration. Similar to mediation, this process also requires the assistance of a third party. However, unlike mediation, this third party acts as a judge during the proceedings. They are able to make all of the necessary final decisions regarding the couple’s marital issues.
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Ross and Calandrillo, LLC is a full-service divorce, family, and real estate law firm located in Mountainside, New Jersey. For strong legal representation in all of your divorce or family law matters, contact Ross and Calandrillo, LLC to schedule a consultation.