What are alternatives to traditional litigation in divorce?

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What are alternatives to traditional litigation in divorce?

By The Law Offices Of James A. Cuddy, LLC   |   Nov 17, 2022   |   Blog, Divorce

Divorcing couples do not always want to hop right into court. In fact, many couples want to do what they can to avoid a court case.

To that end, there are several options available for couples who want to look into alternative methods of cutting the knot.

Mediation

Forbes takes a look at some of the popular alternative methods for litigation in divorce. Mediation is one of the biggest ones. With this, instead of going to court, a couple will work through their divorce with the help of a mediator.

Together, the couple comes to an agreement on all matters of the divorce outside of the court. This includes things like asset division, custody arrangements, visitation schedules and more.

Needless to say, it can be difficult to agree on all of these matters. This is where a mediator comes in. They are trained to de-escalate rising tension, help everyone speak their piece, ensure that no one hogs the conversation, and provide a unique third-party perspective.

Collaboration

Collaborative divorce is also an option. With this, couples still avoid going to court and determine to resolve their matters privately.

However, with collaboration, both parties will hire legal representation. All four members will attend every meeting about the divorce. The legal representatives will typically do most of the direct discussion on behalf of their clients, fighting for the desires of said clients and checking compromises with them before agreeing.

Both of these methods let couples stay in control of their own divorce, while also ensuring fair conclusions are reached.

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