When a couple goes through a divorce, they sometimes seek alternative methods that do not require litigation. While this is not always possible for all couples to do, some are able to settle the terms of their divorce outside a courtroom without the assistance of a judge. Because of this, other options are available for spouses to end their marriage without requiring them to go through litigation. These allow couples the opportunity to come to agreements regarding their marital issues on their own. Discussions during these methods pertain to issues such as child support, child custody, the division of assets, and alimony.
One commonly used alternative method of divorce is the process of mediation. During mediation, spouses are able to discuss and negotiate the terms of their separation and how they wish to arrange their marital issues. This method takes place with the assistance of an unbiased third party that exists to guide the spouses in coming to find decisions that work best for them. This third party helps mediate any disagreements that may take place during the process.
Once a couple reaches agreements, the third party will draft an agreement for them to sign. The document is then presented to the court for review. If the court agrees with the couple’s arrangements, they may be granted a Judgement of Divorce.
There is no set duration to the process of mediation. It can last for as long as a couple needs to reach the necessary agreements. It is because of this that there are no time constraints put upon the couple to meet a deadline. This allows them to take the time they need to reach these decisions.
A collaborative divorce allows couples the opportunity to discuss their marital issues by participating in a series of four-way meetings. These meetings give spouses the chance to come to agreements on these issues. However, different than mediation, the negotiations are guided by attorneys to help spouses reach these agreements.
The process of collaborative divorce is supported by a Participation Agreement. This Agreement is signed by both spouses and their attorneys. It details the obligations of all parties involved. This makes sure they put in the effort to make the process work. When this agreement is signed by the attorneys, it bars them from representing their clients if the process does not work. This holds them liable for putting in the effort as well to ensure the success of their clients.
Another option for divorce outside of litigation is arbitration. This process also requires the assistance of another a third party. However, unlike mediation or collaboration, this third party acts as a judge during the process. They make all of the necessary final decisions regarding the marital issues at hand.
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If you or someone you know is going through a divorce, contact Anderson, Converse & Fennick today.
Anderson, Converse & Fennick is an experienced law firm in York County, Pennsylvania focusing on Education Law, Family Law, Estate Planning, and Civil Litigation matters. If you need a knowledgeable attorney that will effectively represent your interests, contact Anderson, Converse & Fennick today.