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Divorce Alternative Dispute Resolution Archives

The differences between mediation and collaborative divorce

The possibility of a marriage ending in divorce is becoming more and more likely. The hope is that the couple would be able to work through their issues, but many couples cannot do that and may be happier apart. Divorce, while it is becoming more common, still involves the same issues revolving around dividing the couple's life together. While the issues may be the same, couples today have more options for resolving their differences short of having a judge make all the decisions at a trial.

Knowing when divorce mediation may be a good alternative

Mediation may be a less costly method of divorce that may streamline the process so that the divorce can be more quickly finalized and the divorcing couple can move forward towards their future. Divorce mediation and other forms of divorce alternative dispute resolution, such as collaborative divorce, may work better in some situations and circumstances than others.

Overview of the alternatives to divorce

Divorce is a difficult and final decision to undergo. If you choose to divorce, there is no going back (unless you re-marry). Therefore, some people try an alternative to traditional divorce proceedings. Each method has its pros and cons, just like divorce. There are four basic types of divorce: the do-it-yourself, mediated, collaborative, and traditional divorce. This post will go over the basics of those alternatives.

An analysis of collaborative divorce: reasons to beware, Part 1

A new divorce method is sweeping across the country, collaborative divorce. It is a mixture of mediated and litigated divorce. As discussed in a previous article, each couple retains its attorney, and they commit to working together to achieve an amicable divorce. If it works, it is good for everyone, saves money, time, and emotional turmoil. But if it does not work, it can end up making the entire divorce more expensive because each couple must rehire new attorneys, which delays the entire process and costs more money. This post will go over some of those disadvantages.

Is divorce mediation right for you?

Divorces are often misconstrued as contentious, expensive, and long-lasting – all egged on my attorneys on both sides. But the reality is that divorces get complicated because spouses are unable to resolve their differences. There are plenty of divorces that are resolved out of the courtroom, through alternative dispute methods. This post will go over divorce mediation and whether it is right for you.

Is marital separation a viable option?

Divorce is expensive, even if you own few assets. You need to pay the court fees (which aren't waivable in most places), you probably need to pay a little money to sort out who gets what, and then there are other ancillary costs (getting to and from the court, parking, etc.). Altogether, it can cost $1,000 to divorce, even if it is uncontested and you own very few assets. In response, some people are considering marital separation as an alternative to divorce. This post will go over the pros and cons of marital separation.

An analysis of collaborative divorce: reasons to beware, Part 1

Collaborative divorce is touted as the future of divorce and the key to ending acrimonious separations. While true, collaborative divorce does hold many promises to reduce costs, keep relations civil, and speed up divorces; there are significant limitations to the process. These limitations are necessary to keep the collaborative process running smoothly, therefore, they exclude some couples because they are unable to make the method work.

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John T. Chamberlin, Attorney at Law
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