How Are Divorces Resolved?

Television and movies portray big courtroom battles as a staple of divorce. Yet there are many ways to resolve a divorce successfully and move on with your life. You don't have to have a big trial, although in some cases it may be best. Below is some information about the different ways that divorce could be resolved:

Litigation

In litigation, you and your spouse take your issues to family court where a judge hears both sides. This allows you and your spouse to present your sides and hash things out in front of a judge. Litigation can be draining on you emotionally, since a court case usually takes a long time. Additionally, it tends to bring out more conflict due to the public, high-profile nature of a courtroom trial. Since litigation is stressful, you need an attorney to advocate for your best interests.

Mediation

Mediation is a collaborative approach to divorce, where you and your spouse work through the issues with the aid of a mediator. Mediation can bring faster results with less conflict, so it may be the right approach for you. Yet mediation is not always the best approach. If there were issues of domestic violence with your spouse, you may not feel safe mediating the divorce. Mediation is also nonbinding, so there is room for one party to change their mind or go back on their word.

Negotiation

Negotiation is similar to mediation, yet does not require the neutral third-party mediator. As with mediation, negotiation can be a good way to resolve the divorce if you can be amicable with your spouse. Yet, the results are nonbinding, so your spouse could change their mind partway through the process.

Arbitration

Arbitration is similar to litigation; however, it takes place in a private room rather than a public courtroom in front of a Judge. The parties and their counsel select an agreed upon arbitrator and the time and date of the proceeding. Like mediation, you are relying on a neutral third party to decide your case. Unlike mediation and more like a trial, you present facts and evidence to the Arbitrator, where they will make a final ruling at the conclusion of the proceeding. The arbitrators decision is final and not subject to appeal. The main benefit of arbitration is privacy and confidentiality. Further, the divorcing parties enjoy a less formal setting than a trial in front of a Judge, which can be expensive and emotionally draining.

Uncontested Divorce

If you and your spouse can work out all aspects of the divorce without getting a judge involved, you may be able to have an uncontested divorce. In this process, you, your spouse, and your lawyers work out a divorce agreement that meets everyone's needs. The finalized agreement is presented to the judge, who officially grants the divorce. An uncontested divorce may be quick, or it can take a while if there are many issues to resolve.

Take Action And Talk To Us Today

Our attorneys at Previtera & Schimmel offer comprehensive and compassionate divorce services in greater Philadelphia and Southern New Jersey. If you are in the initial phases of divorce or separation, contact us to discuss your needs. Call 800-580-9136 today.