Is Settling Your Divorce Out Of Court an Option?
Divorce often involves each party having very different points of views on many issues, such as finances, joint property and most importantly, child custody.
Some people think that just because these disagreements are taking place that the divorce case automatically has to be taken into court – however, this is not the case.
In fact, you want to do everything you can to keep your divorce out of the courtroom, not only to reduce costs, but of course alleviate even more stress that could come from doing so.
How About Mediation?
Mediation is one option for settling your divorce outside of the courtroom and with a judge that really has no idea about your case on a personal level, such as a divorce attorney would.
In mediation, a mediator (impartial third party) can help you and your spouse reach an agreement that you can both compromise on.
The mediator will help both of you talk through issues in ways that make it easier to settle the dispute without involving the court.
The mediator themselves do not make decisions for you, but are there to help you get to that point or yourself without forcing you to agree or disagree to anything.
Even if you can’t agree on every single thing, a mediator will help you and your spouse find effective ways to discuss the small things so you can better focus on the big picture, such as the children.
Collaborative divorce is another option to keeping your divorce out of court.
In this process, you and your spouse will negotiate an agreement with your own professional assistance for each of you.
Each of you will hire a specially trained collaborate lawyer that will advice and assist you in negotiating the settlement agreement that has been mapped out for your case.
You will each meet separately with your own lawyers, and then you will meet up with your lawyer, along with your ex-spouse and their lawyer.
Sometimes other people can be involved in this meeting, such as child custody specialists or accountants.
In collaborative law, both spouses must sign a contract, along with their lawyers, to say that they agree that they will not choose to go to court if a settlement cannot be reached, and if the case does go to court, that the lawyers have the opportunity to withdraw from the settlement hearing.
In this case, you will need to hire a Tucson divorce attorney.