Exploring the alternatives to traditional divorce litigation


When entering the divorce process, couples have several options including collaborative divorce and mediation.

People who are filing for divorce in Arizona have several options when it comes to dissolving their marriage. While traditional courtroom litigation is one of the most common ways to finalize a divorce, mediation and
collaborative law have been increasing in popularity over the past few years. These alternative forms of divorce allow couples to customize their divorce settlement and choose the terms that best work for their unique situation. In fact, couples may experience a number of benefits from choosing one of these options as opposed to fighting an emotional, costly and lengthy battle in court.

A look at mediation

If a couple chooses to undergo mediation, they must attend sessions under the direction of a third-party mediator. The mediator is present to direct the meeting, answer general legal questions and to ensure all topics are covered in the session. Rather than wait for a court date, couples are able to choose a session that works well with their schedule. In some cases, a divorce settlement can be created and finalized in just one mediation session. Although attorneys are not required to be present during the session, people may feel more at ease if their legal counsel is by their side during the negotiations process.

Considering collaborative divorce

While collaborative law and mediation have many factors in common, there are certain differences between the two types of divorce. Before the collaborative divorce process can take place, both parties and their attorneys must sign a document requiring the attorneys to withdraw from the case if the couple cannot agree on a settlement. During a collaborative divorce, each party must have an attorney present during the session. Also, couples must come prepared to compromise and agree upon solutions when it comes to creating a divorce settlement.

Both mediation and collaborative divorce are ideal for couples who must continue to interact with one another after the divorce is finalized. Research shows that parents and business partners often have a better relationship post-divorce when they choose an
alternative form of divorce as opposed to litigation. These laid-back approaches to divorce can save couples money, time and energy during this stressful time in their lives.

Finding answers to your questions

Whether you need aggressive legal representation or simply a knowledgeable attorney to answer your questions, you may want to speak with a family lawyer. The choices you make now are crucial, as once the divorce settlement is finalized in Arizona it may be difficult to change the terms of the divorce.