If you are approaching the end of your marriage and are thinking about legally separating, it is likely an emotional and confusing time. Divorce can be a scary concept for many couples and is often associated with fighting, expense and a sense of failure. This does not have to be the case. Navigating an amicable divorce without going to court is a possibility. And it’s becoming the norm in today’s world where more marriages than ever are ending. Here you can explore the alternatives to going to court to finalise a divorce and start your new chapter. Before making any decisions, speaking to a family lawyer near you can provide clear advice and a confidential space to discuss your options.
Why Do Many People Think Divorce Means Court Battles?
Historically divorce has been portrayed as a dramatic legal battle with spicy arguments played out in court rooms. Add the big celebrity divorces we often see in the media and it is no wonder divorce has acquired a reputation as an intimidating ordeal. Ultimately, getting a fair divorce settlement does not require all of this bitter feuding. Couples can choose a more amicable path forward which can be less emotionally exhausting and financially beneficial. These amicable paths do not have to lead you to a courtroom. Before choosing how to divorce, it is best for you to speak to a family expert at a law firm near you.
What Are The Alternatives To Divorce Without Going To Court?
If you would rather not go to court, the good news is there are plenty of non court dispute resolution methods available. Here we look at some of the most popular alternatives to divorce that do not involve court; how they achieve a fair and desirable outcome for both spouses.
Mediation
If you have decided to separate, mediation can be a great choice to achieve a fair divorce, avoiding lengthy legal battles and maintaining healthy relationships. This is a collaborative way to divorce with the process encouraging meaningful, strategic conversations. Mediation can give both spouses autonomy over the outcome. Divorce can often feel draining and stressful, on the contrary the meditative process can be empowering.
The mediator is a neutral third party who is there to listen and support you. You meet in formal sessions with the mediator and soon to be ex husband or wife, to put your points and desires across. Together you navigate a balanced outcome. They will hear out both sides during sessions at a chosen location. This can be a cost-effective alternative to going to court. However, please know that any party dealing with your divorce case will always apply to the court on your behalf. The settlement will be achieved in as little as 4 – 6 sessions. Thus, removing a lot of anxiety commonly involved in the divorce process.
Arbitration
While slightly less personal and collaborative than mediation, arbitration provides a sensible and amicable alternative to (physically) going to court. The process involves appointing an independent third party, known as an arbitrator, to hear and review evidence from both sides. They will then make a binding decision which is signed by each spouse. Arbitration is often a cost-effective alternative to court proceedings, saving time and heated arguments. To discuss whether arbitration is the best choice for resolving your divorce, speak to a family solicitor at a law firm near you.
Sharing A Lawyer
Despite the assumption achieving a fair divorce involves two lawyers fighting against each other, sharing one lawyer is a viable and amicable option for many couples. This can save time, reduce costs and remove the secrecy and anxiety often experienced during divorce. Sharing a lawyer is becoming a more popular choice when it comes to legal separation as a way of speeding up the process. Family experts such as those at Waterstone Legal, will propose and discuss this option with you during an initial, confidential consultation.
Family Lawyer: The Best Way For You To Divorce
Every marriage breakdown is different. Some separations can be more volatile and emotional than others. Still, considering alternative routes to court can be beneficial and are worth discussing. Looking for ways to minimise stress, cost and time are key to an amicable divorce. This can be better for maintaining long-term relationships which is important to some couples, especially where children are involved. Also, always speak to a family lawyer before making any decisions. They will be able to answer any questions you have. Additionally, they’ll provide expert guidance on how best to navigate a divorce based on your specific circumstances.
The Wrap Up
It is a common assumption that achieving a fair divorce requires lengthy legal battles played out in court. Today’s legal landscape actually provides plenty of alternatives that lead the way to a more amicable, cost-effective and balanced divorce settlement. Mediation, arbitration and sharing a lawyer are highly recommended ways to divorce without going to court. Every separation comes with its own challenges. While these out of court alternatives offer benefits, ultimately divorce is a personal choice and how you choose to do so will depend on your individual circumstances.
It is recommended to speak to an experienced legal expert before making any decisions on what is best for your future.
