Consider Non-Adversarial Divorce
* Save money and time
* Less stress on the entire family
* You and your spouse stay in control of your settlement
* Save money and time
* Less stress on the entire family
* You and your spouse stay in control of your settlement
Divorce often
involves an expensive process that can drain your bank account with
attorney fees and court costs, and sometimes even leads to stressful court
appearances and a painful and lengthy battle that can devastate your entire
family. It doesn't have to be this way!
A non-adversarial approach to divorce allows you and your spouse to cooperate in ending the marriage by negotiating the terms of your divorce privately without the cost and stress of preparing for litigation and potential court appearances. Ending a marriage is never easy, but when divorce is inevitable, agreeing to work together can help you and your spouse feel in control of your divorce as you prepare for the difficult transition.
A non-adversarial approach to divorce allows you and your spouse to cooperate in ending the marriage by negotiating the terms of your divorce privately without the cost and stress of preparing for litigation and potential court appearances. Ending a marriage is never easy, but when divorce is inevitable, agreeing to work together can help you and your spouse feel in control of your divorce as you prepare for the difficult transition.
Advantages of Non-Adversarial Divorce
- You and your spouse decide the terms of your divorce agreement and know what to expect.
- Usually costs far less than litigation.
- In most cases, a non-adversarial divorce is much faster than a situation where the parties are not cooperating. Many uncontested divorces are completed in as little as two to three months. If necessary, mediation in
preparation for an uncontested divorce can be completed in one or two sessions depending on the complexity of your case and your mutual willingness to negotiate and reach an agreement. In contrast, litigation can potentially take a year or more and cost thousands of dollars!
- Avoid the stress of litigation and testifying about private family matters in a public courtroom.
- Cooperating during the process tends to promote less contention than the adversarial process, leading to less stress for spouses and their children, as well as extended family and friends. It also helps promote a cooperative and respectful relationship in the future, which can make a huge difference in minimizing the negative effects of the divorce on any children involved.
- Focus stays mutual goals (including co-parenting and dividing property fairly), rather than focusing on problems from the marriage and other issues from the past.
Frequently Asked Questions
What types of non-adversarial divorce are available? A non-adversarial approach to problem-solving generally means the parties involved are cooperating in an attempt to reach a mutually satisfying resolution. In terms of divorce, it means the parties are not approaching the separation as adversaries, or opponents in battle, but attempting to find a compromise that satisfies both parties.
The three basic types of non-adversarial divorce are uncontested divorce, divorce mediation, and collaborative divorce. My office currently offers divorce mediation and uncontested divorces, and I hope to offer collaborative divorce sometime in the near future.
Will we both need our own attorney? Not ncessarily, however, an attorney CANNOT represent both parties in a divorce, and can only give advice to one party regarding their legal rights. In an uncontested divorce, the spouse who files as the Plaintiff will usually hire an attorney to file. The other party may choose to
hire their own attorney to review any agreements before signing the uncontested divorce.
If you and your spouse use divorce mediation services, your neutral mediator CANNOT represent either of you as an attorney. Both parties are encouraged to consult an independent attorney to review any written settlement agreements before signing. If you successfully reach an agreement during the mediation process, the party who will be filing as the Plaintiff will need to hire an independent attorney to assist them in filing for an uncontested divorce.
What issues must be decided? The primary issues in a divorce are Child Custody, Child Support, Visitation, Division of Marital Property, Spousal Support, and Division of Debt.
Will a non-adversarial divorce work for me? While some form of non-adversarial divorce can work for most couples, it may not work for you if there is a history of abuse in the marriage, you believe your spouse will not be honest and forthcoming about financial information and other important aspects of negotiation, or either of you intend to use the divorce process to punish the other.
However, a non-adversarial divorce may work for you EVEN IF you and your spouse do not get along and/or you and your spouse have not resolved any of the issues related to your divorce AS LONG AS you are both willing to make a good faith effort towards reaching an agreement and you are both prepared to disclose financial information and all other relevant information.
No representation is made that the quality of services to be performed is greater than the quality of legal services performed by other lawyers.
©2010 by Jennifer McDonald. All rights reserved. Materials found at this website may be reproduced for personal use and non-commercial distribution. Copies must include this copyright statement. The information found on this website is not intended as legal advice. Consult with a qualified attorney for advice specific to your individual circumstances.