I’m getting a Divorce, Now What?!

Three Primary Processes Used to Get a Divorce

1. Mediation

2. Collaborative Divorce

3. Litigation

Mediation – a cooperative process that involves both spouses and a neutral facilitator.

Pros:

• Less costly then litigation
• Spouses work together to reach their own resolutions rather than having a court decide

Cons:

• One spouse may try to dominate the other
• There is no compelling of financial disclosure
• Many times, there are no lawyers to advise spouses on the law during process.

Collaborative Divorce – enhanced mediation, similar to mediation but where each spouse has their own attorney and a team approach is used.

Pros:

• The parties control the outcome
• A divorce coach can guide them to manage emotions and communicate effectively.

Cons:

• If process fails, attorneys must withdraw

Litigation – the process where an action is brought to court by filing a Complaint and Answer (Pleadings).

Pros:

• Where one party is concerned the other is creating marital debt, the Divorce Complaint ends the marriage for setting and valuing assets and debts.
• Parties can file motions for temporary financial support or custody arrangements and get a binding order from the court.

Cons:

• Parties are on the court’s time schedule, not their own.
• Generally more costly and longer lasting then previous two processes.