Options to Review before Divorcing your Spouse
Posted on June 05, 2013 in Divorce
The process of getting
a divorce is very involved. You will review topics such as child custody, spousal support, and division of property. The good news is that there are multiple options to achieve your desired result, each with various benefits and harms.
The first kind of divorce is DIY or do-it-yourself. This is not a recommended decision unless there are very specific circumstances. The marriage should be relatively new, with no
children, and a small amount of assets and debts to divide. Having a limited amount of decisions to make might make a DIY divorce an acceptable option.
The second option is mediation, which employs a neutral third party to guide the two parties into an agreement. The best aspects of this type of divorce are that it is easier on your loved ones, your wallet and your privacy. The bad part is that there is no guaranteed outcome to this method. If the negotiations fail or are unfavorable, then the whole process could be repeated.
The third available choice is collaborative divorce. Unlike the mediation process which employs a third party, the collaborative law process allows each person to have their own lawyer. As opposed to a neutral guide, each lawyer will seek to provide the best option for their client. The benefit of this type of divorce is that it is quicker and cheaper than a litigated divorce but it is still subject to review by a divorce court. Yet without the benefits of discovery, all the assets and debts acquired in a marriage are voluntarily disclosed in a collaborative divorce, which can lead to an unfair resolution.
The last option is a litigated divorce, which is also the most popular kind. This often brings images of courtrooms and juries to mind, but that's not necessarily the case. Most litigated divorces end with an out-of-court settlement. It is also a preferred method because only one party needs to decide to file for divorce. If you have found that divorce is the best option for your family, please contact
a skilled divorce attorney in Wheaton who can be your advocate.
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