Ending a marriage is rarely an easy process. Even when two people agree on every part of their split, it’s emotionally draining. When you and your partner disagree on parts of the process, it’s even worse. You need to negotiate or fight for every single element. That’s why divorces are so challenging to live through. Keep reading to learn how you can resolve your conflicts more quickly.
Divorce Can Be Contested Or Uncontested
In uncontested splits, you and your partner completely agree about how each legal element is handled. You work together, potentially with the help of attorneys, to create your proposed legal agreements. The actual divorce is as simple as bringing your documents to the court and having the judge sign off on them.
Any other kind of divorce is considered a contested divorce, and it requires legal assistance. These divorces involve issues like the division of assets, child custody, alimony, and much more will be resolved. This doesn’t necessarily mean that the process has to be acrimonious, it just means that there are matters on which you disagree.
In these situations, you need to work with someone else who will help you make decisions about who gets what when you’re officially split.
How to Resolve Disagreements In Divorce
So how is someone else supposed to help you resolve your divorce? You have three alternatives, each of which has its own pros and cons.
Mediation: In mediation, you and your spouse (and your lawyers) work with a paid mediator. The mediator acts as a buffer, helping you talk out your disagreements and offering suggestions for solutions. All the mediator can do is offer suggestions, though, so they can’t help you if your spouse isn’t willing to compromise.
Arbitration: In arbitration, you two (and your lawyers) work with an arbiter. The arbiter will also sit down with you and discuss your wants and concerns. However, the arbiter has the right and responsibility to make a legally binding decision regarding your divorce. At the end of the process, whatever the arbiter says, goes. You also need to pay the arbiter for their services. Still, arbitration is more personal and private than going to court.
Litigation and settlements: The last and most common option is to go to court. You’ll attend court hearings with your attorneys, and the judge will hear both sides’ arguments and the facts about your estate. In the end, the judge will decide how assets and child custody should be divided. Everything about a court case is a matter of public record, though, and it can take months to get a hearing.
Chart A Course To A Low-Friction Divorce
While there’s no right way to resolve a divorce, you always need to work with a qualified attorney. Whether you choose mediation, arbitration, or court, your attorney will help you negotiate and fight for the results you want. Reach out today to discuss your case with the experienced Bay Area divorce attorneys at Viola Law Firm P.C. You don’t need to face your divorce alone. Let us help.