Differences between mediation and collaborative divorce
Divorce is not easy for anybody, and a long, drawn out and hotly contested divorce is even worse. Fortunately for many people seeking a divorce in Arizona, more options exist than court litigation. An increasing number of family law attorneys are realizing the importance of giving clients options that can help them through this difficult period, so they can begin to put their lives back together. These options can be known as amicable, or uncontested, divorces.
These divorce options are especially beneficial for couples who have children, because they spare children much of the heartbreaking conflict that makes their parents’ split such a traumatic time, says the Chicago Times. Also, an uncontested divorce can cost less than a divorce that goes through litigation.
The differences between mediated, collaborative and litigated divorces
It’s important to understand the differences between the main types of uncontested divorces, which are known as mediated and collaborative divorce. Each type has unique factors, and what works for one couple may not be the best option for another.
- Mediated divorce-During a mediation, an impartial third party, often an attorney with mediation experience, will sit with the divorcing couple to resolve issues. This type of divorce works best when both parties are able to discuss matters respectfully and without letting hard feelings get in the way.
- Collaborative divorce-U.S. News describes a collaborative divorce as one that can be beneficial to couples who have complex property division matters or other disagreements, but can still reach a resolution outside the courtroom. In a collaborative divorce, each spouse will have his and her own attorney. Other professionals may also be involved, such as child therapists and financial advisors.
- Litigated divorce-Despite attempts at an amicable divorce, it may be best for some couples to utilize the court system to help bring an end to their marriage. This can be especially true in cases where domestic violence or substance abuse was a problem during the marriage; if one spouse feels intimidated or threatened by the other; or if neither spouse is able to hear the other’s side civilly.
It’s important to note that even if a litigated divorce becomes necessary, it’s possible to reach a satisfying conclusion in a timely and cost-effective manner.
When to contact an attorney
If you are planning to go through with an uncontested divorce, you will need to ensure your rights are protected, particularly when it comes to the best interests of your children. Contact an experienced family law attorney to discuss the different divorce options available to you, in order to help you conclude which one is best for your situation.