Ways to Divorce
When you look into the future and envision your post divorce life, what does it look like? What do you need during the divorce process to help you navigate toward your post divorce destination? Many people are fearful of what divorce will do to their finances, their children and their relationship as co-parents. Looking at the future, and what you would like to create for your family is essential in choosing the divorce process that is right for you. When you understand where you want to go, you have a better idea of how you want to get there.
While this website has an obvious bias toward the Collaborative Divorce Process, below you will find a brief description of the other options available to you. The first question you need to answer is, "What process will we use for our divorce?"
Collaborative Divorce:
Collaborative Divorce is an "out of court" process. In a Collaborative Divorce, you and your spouse/partner sign an agreement stating that you will work together with your team to create solutions out of court. Your team is comprised of highly trained professionals whose sole job is to educate and guide you so you can make the decisions that are best for your family. You and your spouse/partner each retain your own collaboratively trained Collaborative Lawyer and Divorce Coach. Together, you and your spouse/partner will retain a neutral Financial Specialist to assist with the financial aspects of your divorce and a Child Specialist for your children.
Each professional brings his or her area of expertise to assist you with your divorce. Your Collaborative Lawyer will act as your legal representative/ advocate, will educate you about the law and will draft all your documents and ensure your divorce is legally sufficient. Your Collaborative Divorce Coach will work with you to improve communication throughout your divorce and ensure that your voice is heard. Your neutral Financial Specialist will gather and collate all the financial information and educate you about your finances. If children are involved, the Child Specialist will ensure that the needs of your children are addressed and that your children have a safe environment to voice their concerns about the divorce.
Collaborative Divorce is the only way to divorce in which ALL of the professionals (Your Divorce Team) are with you as you navigate the divorce process and create your unique divorce solution. If you choose Collaborative Divorce, you will have the necessary information to make informed financial, emotional, and legal divorce decisions. Should you consider Collaborative Divorce? Read More
Litigation:
Litigation is an "in-court" process. In litigation, if you and your spouse cannot reach agreement, a judge will decide the terms of your divorce. You and your spouse can represent yourselves or you each have the option to hire an attorney to assist you in "making your case" in court. There are pretrial procedures and court rules that must be followed in litigated cases. Formal discovery of information is frequently used in litigated cases, including written interrogatories to the other party, requests for production of documents, depositions, and/or issuing subpoenas for documents and witnesses. Expert witnesses may be employed by one or both parties. If custody or parenting time is disputed, custody evaluations may be requested by one or both parties.
In the litigation process, you and your spouse will attend one or more hearings. You and your attorney, must meet court imposed deadlines for submitting pretrial statements and exhibits for each hearing. You and your attorney must prepare for each hearing, including your final divorce trial, at which you and your spouse will each be given a chance to testify about your disputed issues, call witnesses, and present evidence. All control of the decision making in your divorce is given to a judge who uses all of the information presented to make a ruling on your divorce. Should you consider Litigation?
Mediation:
Mediation is also an "out of court" process. In Mediation, you and your spouse elect to work together with the assistance of a neutral, professional mediator to make the decisions necessary for your divorce. Mediators are trained to assist you and your spouse in reaching agreements. A mediator may be an attorney, a mental health professional or a financial professional. However, mediators cannot provide either you or your spouse with any form of legal or financial advice. Separate attorneys, financial advisors, mental health professionals or other experts are frequently consulted but generally do not attend mediation sessions with clients. Should you consider Mediation?