Getting a divorce is one of the most difficult phases of a couple’s relationship. Nobody intends to get divorced at the time of marriage, but sometimes it seems it is the only thing to do. If you are ready to get a divorce, but you and your spouse cannot agree on its terms, there are other options available. If you wish to seek methods of divorce outside of the litigation process, here are some of the questions you may have:
What does the litigation process entail?
Very often, when couples cannot agree on the terms of their divorce, they enter the litigation process. This means you will have to explain your ideal divorce terms in a courtroom setting, and the end result is usually decided by a judge or jury. The reason why many couples choose to avoid this process is because it is generally far more time consuming and expensive, not to mention the fact that the outcome is largely beyond your control. To top it all off, the litigation process is usually the most emotionally taxing way to go about your divorce.
How may hiring a divorce mediator benefit me?
There are several reasons why more and more couples are hiring divorce mediators to help them sort out the terms of their divorce. Essentially, a divorce mediator’s job is to listen to both you and your spouse objectively, in a neutral setting outside of the courtroom. When you meet, the divorce mediator will hear both sides and draft the terms of your divorce in the fairest, most balanced way possible. At the end of this process, couples usually feel their voice was heard and are content that they were able to come to a decision on their own.
What is the difference between mediation and arbitration?
While the end result is hopefully the same, usually there is more than one arbitrator involved in the arbitration process. Generally, both you and your spouse will hire an unbiased arbitrator. Next, those two arbitrators will hire a third neutral arbitrator. Once you meet, both you and your spouse will present your case, and the arbitrators will vote on the terms of divorce after hearing both of you out. Another benefit of choosing arbitration or mediation over litigation is the impact it will have on your children. As divorce is as big of a part of your child’s life as it is yours, you will most likely save him or her a great deal of emotional stress by handling your divorce as quickly and civilly as possible.
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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.