Is there a way to avoid battling out your divorce in court?

Posted by Zachary A. VanDykeApr 13, 20210 Comments

Going through a divorce can be draining for you both financially and emotionally. Court proceedings can be both very stressful and quite expensive. Even if you know that divorce is the right choice for you and the rest of your family, you might find yourself putting off your filing solely out of concern for how expensive and disruptive a legal battle will be. 

While divorce can be messy, expensive and emotionally exhausting, it does not have to be any of those things. You and your ex have the opportunity to avoid a court battle by considering one of the alternatives to divorce litigation.

Collaborative divorce

Collaborative divorce often involves direct negotiations between former spouses and their attorneys. The two of you can set your own terms, prioritize keeping certain property and file an uncontested divorce as part of this process. 

However, sometimes it's tough for couples to reach agreements with just themselves and their own attorneys involved. You may need to bring in an outside professional to help resolve your divorce disputes.

Mediation or arbitration

There are still alternatives available for couples who cannot reach an agreement without neutral, third-party assistance. Either mediation or arbitration can be a useful tool for couples trying to file a contested or uncontested divorce. A professional mediator or arbitrator will facilitate what can be a challenging process between former spouses. They can help you find a compromise that works. 

All of these approaches require that both you and your ex enter into them in good faith. If you think that you two can work together for a bit longer, then these options could keep your divorce more amicable and less expensive. You could also achieve a resolution in your case more quickly than you otherwise would via litigation.