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Alternatives to litigating your divorce

Parents going through the process of a divorce are often concerned about the impact that this will have upon the children. Though there may be no way to completely avoid it, there are ways to mitigate the damage caused by the divorce.

Not everyone understands that couples can avoid litigation when it comes to divorces. There is what we call negotiated divorces that some family law attorneys recommend. Though not an optimal way to seek for marriage dissolution in all circumstances this approach to a divorce can sometimes limit the amount of stress that couples face when seeking divorce.

There are three common types of negotiated divorce methods:

  1. Cooperative Divorce: This is where couples instruct each of their attorneys to work together in reaching an amicable settlement.
  2. Collaborative Divorce: This is where couples commit to not having the divorce handled in court and focus on working out differences in a more private setting. Usually the individual hired on by the couple to direct the collaborative divorce will work through the process to minimize stress and financial damage that comes about due to a divorce.
  3. Mediation: In the presence of a mediator, the couple works out their problems and attempt to come up with a plan as to how all matters pertaining to divorce will be handled. There is no judge involved in mediation. Instead, the mediator is there to facilitate a settlement.

These alternate methods for dealing with the divorce may prove to be cost saving solutions. However, none of these processes will be effective if one spouse or the other does not wish to participate in it. It's best to discuss your various options with an experienced family law attorney before making a final decision.

Source: Huffington Post, "Divorce Confidential: Should I Negotiate or Litigate My Divorce?" Caroline Choi, Sep. 25, 2013

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