Divorce Options

The first decision you had to make was the decision to end your marriage which is or will be, one of the biggest and most difficult decisions you have ever made in your life. The next decision you and your spouse will have is to decide how to get a divorce.

 

DIY Divorce is not for everyone. There are a number of things that have to happen to make this choice the right one for you and your spouse. You both need to be very amicable and have a high level of trust between the two of you while both of you need to have your emotions in check. In addition both of you would need to be financially able to understand the implications of your settlement. If the either one of you do not have a handle on your finances, or you cannot come to an agreement you can hire a CDFA®  to handle the financial portion of the divorce. The CDFA® would be the financial neutral which means they would work in the best interest of both of you educating both of you through the financial consequences of suggested settlements. Understand that a CDFA® does not give legal advice but explains the financial ramifications of chosen settlements. In addition, a CDFA® can also offer suggestions and alternatives for an equitable settlement and project what your financial status will be immediately following your divorce as well as 5, 10 or even 20 years later which maybe eye opening and important data to know for both parties. In addition to helping to determine a financial settlement, there will be paperwork to fill out and file with your state.Once again, although a CDFA® cant offer legal advice, they can assist you in filling out and gathering specific forms that are required to divorce in your state.

 

Divorce Mediation is a cooperative process whereby a neutral third-party (the Mediator)assists with the issues of divorce but cannot give legal advice. Mediation allows the divorcing spouses to negotiate directly with one another with the assistance of a Mediator. In addition, the Mediator guides the spouses to a divorce agreement that is acceptable to both parties customized to the unique needs of your particular situation and/or the needs of your children, which will take center stage. Once all of the issues have been addressed and an agreement has been established, the Mediator will draft a comprehensive Memorandum of Understanding which contains the details of the parties agreements along with the childrens best interest. However, if the Mediator is not a CDFA® than there is a high chance that they don't specialize in analyzing the financial consequences of settlements. The good news is that you can hire a CDFA® as a neutral third-party who will work in concert with the two of you and the Mediator so that the financial ramifications will be addressed. This method of divorce is used when the two divorcing parties are amicable and are able to work together and are able to trust the neutral party/s to come up with an equitable settlement.

 

Collaborative Law Process is considered a hybrid between a lawyer-driven divorce and divorce mediation. Each spouse hires separate attorneys that are trained in the collaborative process and enter a participation agreement. This ensures all parties are committed to using cooperative techniques rather than combative tactics to negotiate divorce issues. There are often other professionals brought in, specifically a Mediator, a parenting specialist if there are disagreements regarding the children, and a financial professional such as a CDFA® to handle financial disagreements such as, child support, alimony or the distribution of the parties marital assets and liabilities.

If agreement can be reached on all issues the lawyers draft the paperwork, file the paperwork with the court and request a court date and final hearing. If, however, an agreement cannot successfully be reached on all relevant divorce issues using the Collaborative Process, the lawyers will be disqualified from representing the spouses, the collaborative process will end and the divorce will be litigated through the court system.

 

Lawyer-Driven Divorce is when one or both spouses hire a lawyer to help complete their divorce and attain legal advice. Unlike a mediator, who is neutral and work for both spouses, a lawyer can only represent/advocate for one spouse with the intent on getting the most favorable outcome for their client. Before do it yourself (DIY) divorces, mediation and collaborative divorce became popular, Lawyer-Driven Divorce seemed to be the popular choice. However, more and more couples are forgoing the lawyer-driven divorce option as it could sometimes be the most expensive and lengthiest option to divorce. In addition, if agreements cannot be reached on one or more of the issues the divorce will continue onto litigation in the court system. For example, if you and your spouse cannot agree on custody arrangements the judge might have you work with a parenting coordinator who is trained by the courts to mediate parenting disputes. If there are financial disagreements such as alimony, child support or the division of assets a financial expert such as a CDFA® might be called up to analyze the settlements and make financial suggestions. If the lawyer's attempts at negotiations fail and there are still unresolved issues you may have to go to trial which can be dragged out for years and cost much more money than other methods of divorce. During trial the judge hears the case and it is the judge that ultimately may decide your fate. This method of divorce may be volatile, lengthy and very expensive.

 

Divorce Arbitration consists of the divorcing couples, their respective attorneys and an Arbitrator. The divorcing couple can select the Arbitrator having specific expertise in the unresolved  issues of the couple when the couple reaches an impasse or stalemate in their divorce negotiations and wish to resolve their issues without going to court. This is a type of divorce trial but instead of couples resolving their dispute in a public courtroom their case is heard in a private setting before an Arbitrator. After this hearing the Arbitrator will render a final decision, or an award which, in most cases, cannot be appealed and therefore is final. Arbitration affords the divorcing couple privacy with a less formal setting than a court room, avoiding unnecessary time, expense and emotional distress associated with a trial in court.