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Divorce Alternatives And Courtroom Exposure
Exploring Alternatives To Court: Resolving Divorce And Family Law Matters
Going to court isn’t the only option when facing divorce and family law matters. Common alternatives include mediation, collaborative law, and arbitration. Each alternative presents unique advantages and disadvantages that you will need to weigh up when thinking through the challenges and consequences of litigating a divorce versus resolving out of court.
Generally, mediation focuses on reaching agreements through a third party, collaborative law involves a team approach, and arbitration offers a controlled yet less formal process.
In mediation, you and your spouse work with a mediator, either a lawyer or a trained professional, to discuss and hopefully resolve the issues in your divorce. The mediator’s role is to facilitate discussions and help you both find agreements. At the end of the process, you’ll receive a marital settlement agreement or a memorandum of understanding, which you’ll review with your attorney. Mediation requires an open mind and a willingness to compromise.
Collaborative law involves assembling a team of professionals, including legal experts, mental health professionals, financial advisors, and pension experts, to work with you and your spouse. Each aspect of the divorce is tackled with the help of relevant professionals, ensuring comprehensive resolutions. If pension division is on the table, a pension professional will explain the details and guide you through the process. Collaborative law meetings typically take place in person, providing a structured yet cooperative approach to divorce.
Divorce arbitration resembles a courtroom setting but offers more control. Parties can decide on the structure of the process, the arbitrator, and the duration of sessions. Witnesses testify, evidence is presented, and rules of evidence are followed, providing structure while avoiding the traditional courtroom environment.
By considering your preferences and the specifics of your situation, you can select the approach that best suits your needs. Regardless of the path you choose, these alternatives provide options for resolving divorce and family law matters outside of the courtroom.
Common Factors Leading to Litigation in Divorce and Family Cases
Divorce and family cases can often escalate into litigation due to various contentious issues, including:
Determining the custodial parent can become a major dispute. Both parties may have different views on who is better suited to have primary custody of the children and can uphold their best interests.
The amount of time the noncustodial parent should spend with the children can spark sharp disagreements. Parties might have conflicting schedules or differing opinions on appropriate parenting time.
If one spouse and the custodial parent seek to relocate, the noncustodial parent may object, leading to potential legal battles over the proposed move.
Involvement of Third Parties
Deciding whether the children should interact with a new partner of a parent’s or even with the grandparents can be a point of fierce contention.
Disagreements over the amount and duration of alimony can arise, with one party seeking more financial support than the other is willing to provide.
These are just a few examples of the issues that can drive family law cases into litigation. When parties are unable to reach agreements on these matters, the court’s intervention becomes necessary to make final decisions.
Minimizing Exposure To The Court in Divorce and Family Matters
When it comes to divorce and resolving family issues, the question of whether it’s in everyone’s best interest to minimize exposure to the courts can be complex. The answer depends on several factors and the actions of the litigants themselves.
Of course, many divorces proceed without extensive court involvement. Some litigants only appear before a judge to finalize their divorce on the record, while the majority of the process occurs outside the courtroom. In contrast, certain cases involve repeated court appearances due to ongoing disputes. These disputes may arise when one party fails to comply with court orders or disregards discovery requests.
The need for court intervention can also arise when serious issues emerge. For instance, if one parent is found to be using illegal drugs or excessively consuming alcohol, especially in situations like driving under the influence with children in the car, this can prompt a request for changes in custody or parenting time.
So while minimizing court involvement is generally cost-effective and less time-consuming, there are situations where seeking legal remedies through the court system becomes necessary. Ultimately, the decision to involve the courts should be based on the unique circumstances of each case and the need to protect the well-being of all parties involved.
For more information on Litigating A Divorce Vs Resolving Out Of Court, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (732) 365-3299today.
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