Divorce Without the Courtroom

 Posted on September 30, 2016 in Mediation and Collaborative Law

No matter the circumstances, divorce is a life-altering experience. It will be a piece of who you are for the rest of your life. Luckily, it does not have to be an awful experience full of courtroom drama and all that goes into divorce litigation. Other options exist for you and your ex-spouse to have an amicable divorce, including collaborative law and mediation. Both of these choices offer benefits unavailable through traditional divorce options.

Mediation

Rather than enduring a lengthy, financially draining divorce litigation trial, there is an option to complete the divorcing process outside of a courtroom. Mediation is one useful alternative. Rather than having two separate attorneys and meeting in front of a judge who will then make all of the decisions, in this alternative, you retain control of the situation. You meet with a hired third-party, the mediator, to discuss the issues at hand to determine a resolution that works best for both of you. The outcomes are enforceable similarly to any other written contract. In addition, there is still the option to go to a judge for the unresolvable issues. Benefits of this option include:

• Time saving;
• Cost-effective;
• You decide the outcome;
• More amicable;
• Each party’s Interests, needs, and emotions are considered;
• Higher satisfaction; and
• Increased privacy.

Collaborative Law

Collaborative law is a relatively new methodology to a marriage dissolution. Statistics show that approximately 90% of divorcing couples who have used collaborative law do not go to court. This alternative is not right for everyone, but for those who are interested in healing and working together to end the marriage peacefully, this may be a viable solution. Each party retains separate legal counsel. However, they agree to share the cost of any necessary experts such as an appraiser or an accountant. This alternative also works with mental health providers and counselors to assist in finding the root of the turmoil, enabling you to see the truth in why that piece of furniture is not worth spending an exorbitant amount of money fighting to keep it when the psychological distress needs addressing. Through the collaborative law solution, you not only can reach a viable outcome for your divorce but also achieve healing.

If you and your spouse are divorcing and would like to explore a friendlier alternative than an ugly divorce litigation trial, you likely have questions about your options. If you would like to discuss your concerns with a qualified and proven Naperville, IL mediation attorney, contact the experienced attorneys at Pesce Law Group, P.C. today at 630-352-2240 to take advantage of our free initial consultation. We also have offices in Oak Brook, Lake Forest, and Burr Ridge to conveniently serve the needs of our clients.

Sources:

https://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/mediation_advantages.html