There are other options available to you besides divorce litigation. Alternative approaches that allow spouses to stay outside of court and end their marriage through negotiations are mediation and collaborative divorce. These two methods share many similarities however they are not the same. Understanding the differences between the two will be outlined in this blog.
Collaborative divorce is a process in Kentucky that allows both spouses to avoid litigation. If you and your spouse are able to agree on important decisions, such as the division of assets and property, spousal maintenance, and other matters regarding your divorce, you may be able to use the collaborative process. Collaborative law is a dispute resolution process which allows both involved parties and their lawyers to enter into a contract (the “Participation Agreement”) to finalize any legal aspects of their separation or divorce without attending court. The judge does not care why the petition was filed. Kentucky is a “no-fault” state, so it does not matter why a person wants to get divorced.
Here are four benefits of collaborative divorce over traditional litigation:
- Collaborative divorce avoids contentious court battles.
- You still get the benefit of an attorney.
- Your children are mostly shielded from the divorce process.
- Collaborative divorce is time- and cost-efficient compared to traditional litigation.
In collaborative divorce, each spouse is represented by a collaborative divorce attorney. If this process fails, both attorneys must withdraw from the case. Several meetings will take place with you and your spouse; sometimes other professionals, such as child specialists, are involved.
In divorce mediation, rather than both parties going to court and using a trial to resolve divorce issues, such as a property settlement, child support and child custody, the parties will sit down with a neutral third party, called a mediator. During the process, your mediator will act as a peacemaker and help you think of options to assist you in creating a mutually agreeable settlement. Although a family lawyer is not required in mediation, you have the option of hiring one and they are under no obligation to withdraw from the case if the process fails. Mediators do not give you legal advice. When you do not have an attorney, no one is looking out for your best interests. No one is advising you so that you can make the best decisions for you.
Here are several benefits of divorce mediation:
- Save money.
- Protect the children.
- Save time and avoid stress.
- Remain in control.
- Customize solutions.
- Retain privacy and confidentiality.
- Avoid future legal battles.
- Set the foundation for positive parenting.
Both options allow spouses to dissolve their marriage in a more flexible manner outside of court. Both methods are less hostile than divorce litigation, which can help set a better foundation for you and your spouse as co-parents if you share children. Which approach to use is determined by the unique circumstances of your case, your individual preferences, and the availability of good mediators or collaborative attorneys.
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About Helmer Somers Law
We are committed to helping families resolve their differences and get back to their lives. We help individuals and families fight for custody of children. We protect your rights as you go through divorce proceedings. We offer the guidance and support that you will need when you are involved with the legal system. We help clients with cases involving…
- Divorce and legal separation
- Child custody and visitation
- Child support and spousal support (alimony)
- Property division
- Domestic violence
- Grandparent rights
- And other related issues