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Litigated Divorce
Mediated Divorce
Negotiated Divorce
Collaborative Law Divorce
This type of divorce occurs when both spouses take their divorce cases to court because they cannot agree on the terms and settlement involving their marriage break-up. You will have to hire an attorney who will prepare the legal paperwork that will be processed by the court before it schedules the appearance that you and your spouse has to make.
Litigated divorce is known to be expensive since both spouses will have to pay exorbitant fees in hiring legal representatives and scheduling for court appearances. However, there are simply some couples who cannot find common grounds on their divorce settlements and would rather fight their rights on court instead of finding a compromise that would make their divorce more cost-effective.
In order to avoid the possibility of having to spend thousands of dollars and wait for more than a year before their litigated divorce finishes, couples have become more conscious on the choices of how to approach their divorce that will make it easier for both parties involved. Therefore, if both spouses simply can not come into terms with a divorce agreement, then divorce mediation is something they should highly consider.
In essence, divorce mediation will have both spouse sit in a room with a third-party, neutral mediator who will try to work out all the issues and conflicts the couple have in order for them to come into an agreement with their divorce. The mediator will encourage open communication in order to initiate exchange of information regarding their relationship that can be used by the mediator to settle their differences. If the mediator is successful in making both spouses agree to a divorce settlement, then court appearances and services of an attorney may no longer be necessary.
Read How to Prepare for Divorce Mediation in order to give you an idea on what to do should you take up divorce mediator to agree on a settlement. You can also find Divorce Mediators in our online divorce directory.
Similar to mediated divorce, a negotiated divorce will require for both spouses to talk about their issues and conflicts in an open manner. However, the negotiation would be done without a mediator or facilitator, which could possibly make it difficult for both parties to control their emotions during this process. However, if the couple feels that they are willing to make a compromise without wearing their emotions on their sleeves, as well as cut on the expenses by not hiring a mediator, then a negotiated divorce is a legitimate course of action to consider before divorce. Both spouses, however, must consult their lawyers to plan a strategy on what they want out of their respective settlements.
Also known as the No Court Divorce, Collaborative Divorce is a relatively new way of handling divorce cases. Essentially, this type of divorce dictates attorneys from both sides to employ problem-solving techniques, as well as cooperation and effective communication, instead of undergoing the process of litigation in order to arrive at a resolution. Also, the attorneys from both sides must devise a settlement that satisfies their respective clients.
Collaborative Divorce begins with both spouses and their lawyers signing a Collaborative Agreement, which states that each must conduct themselves in good faith in negotiating for a fair settlement. In any case that proper conduct is not observed during a Collaborative Divorce and that either spouse decides to move the case to the court, everybody involved, most especially the attorneys representing the spouses, are held accountable for the failure to arrive at a solution in a cooperative manner. In this case, attorneys from this type of divorce are extra motivated to do everything under their power and manage unreasonable clients in order to not only provide them with the best possible outcome for their divorce, but also to protect their reputation and practice.
For more information on how Collaborative Divorce works, read What to Ask Your Collaborative Divorce Attorney.
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