Phone: 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.
