Alternatives to Divorce Litigation

 Posted on September 15, 2022 in Family Law

In a recent blog, we talked about what to expect from divorce litigation. Taking a divorce case to court is certainly not everyone’s first choice. There may be an easier, quicker, and less costly way to resolve your divorce. Modern spouses have options like mediation and attorney-facilitated negotiation that may lead to an out-of-court settlement.

If you and your spouse are able to come to an agreement on each issue in your divorce, then you can file for an uncontested divorce. Courts will generally approve these agreements and finalize your divorce rather quickly. It can also be easier on the kids if their parents are able to work things out. Children generally have no involvement in the collaborative divorce process whereas in divorce court, they could be placed in the middle of the conflict. You do not even need to have direct contact with your spouse using some methods. 

Resolving Your Divorce Without Going to Court

Many spouses initially think that they are too much in conflict to come to an agreement, only to discover that these techniques are more effective than they thought. There is no real reason to rehash old disputes with your spouse or review the reasons you are getting divorced in most cases. A few of the techniques that may work for you and your spouse include: 

• Joint mediation - In the more classic form of mediation, both you and your spouse sit down together with your lawyers and a mediator. Moving issue by issue, the mediator leads the discussion and helps you reach a compromise. Your lawyer will still be there to protect your interests and help keep things fair. 
• Separate mediation - Not all spouses are prepared to come face to face and have a civil discussion, even with a mediator and two lawyers facilitating. In this event, it may be better to keep you and your spouse in separate rooms and allow the mediator to walk back and forth. This can take a little longer, but it is good for preventing needless conflict. 
• Attorney-facilitated negotiation - Even if you and your spouse are in extreme conflict, this strategy may work. Here, you each talk to your own attorney about what your needs and wants are. Then, the attorneys talk to each other so the negotiating is done with neither of you directly present. 

The sooner you are able to resolve each issue in your divorce case, the sooner you can have your divorce finalized and move on with your life. Of course, these techniques will not work for every pair. We are prepared to take your case to trial if settling proves impossible. 

Call a DuPage County Divorce Lawyer

Law Office of Martoccio & Martoccio is skilled at helping spouses in conflict resolve their divorce cases out of court. Our experienced Hinsdale divorce attorneys will work with you to choose a strategy that is likely to succeed. Contact us at 630-920-8855 for a free consultation. 

Source:

https://www.forbes.com/sites/frawleypollock/2020/02/18/divorce-dilemma-settle-or-go-to-trial/