When couples go through a divorce, they sometimes wish to handle the process outside of court to avoid litigation. There are alternative methods to divorce that are available to couples. These alternatives exist outside of court and do not require the spouses to participate in a trial. While not all couples are able to do this, the methods can be beneficial for those who can come to agreements without the assistance of a judge. This allows couples to reach conclusions regarding their marital issues on through healthy conversations. These discussions pertain to issues such as child support, child custody, the division of assets, and alimony.
A divorce method that is commonly used is the process of mediation. During this process, spouses come together to negotiate the terms of their divorce and reach certain agreements. This includes how they wish to arrange their marital issues. Mediation takes place with the assistance of an unbiased third party. This person exists to mediate any disagreements between the spouses and guide them towards solutions that work best for them.
Once a couple finishes this process and comes to an agreement their decisions, the mediator drafts a document outlining these agreements for them to sign. This is presented to the court for review. If the court agrees with these arrangements, the couple will be granted a Judgement of Divorce.
It is important to know there is no set duration for mediation. This means there are no time constraints to meet a deadline, allowing the process to last as long as a couple needs to settle their marital issues. This allows them to take their time figuring out these sensitive matters.
A collaborative divorce is a series of four-way meetings in which spouses communicate with one another to settle their marital issues. These meetings are guided by the spouses’ attorneys instead of a third party or a judge. They help guide the spouses to amicable decisions.
Collaborative divorces are supported by a Participation Agreement. This is a document signed by both spouses and each of their attorneys. This outlines each individual’s obligations during the process, requiring them to put in the necessary effort to make the process work. When the attornies sign it, they are not able to represent their clients if the process does not work.
Another option for divorce that does not require litigation is arbitration. This process also requires the assistance of a third party. However, unlike mediation, this third party acts as a judge during the proceedings. Instead of guiding a couple to their agreements, this individual is able to make all the final decisions regarding the couple’s marital issues.
Contact our Firm
If you or someone you know is going through a divorce, contact Peter V. Mandi & Associates, Inc. today.
Peter V. Mandi, Esq. is an experienced divorce and family law attorney located in Bohemia, New York. If you require strong and dedicated legal representation in Long Island, New York, contact Peter V. Mandi & Associates, Inc. today for a free consultation.