Divorce Options

What Are My Divorce Options?

Legal Separation

A legal separation is a way to separate from your spouse and decide on some necessary issues while separate, including visitation and custody of children, child support, and spousal support. A court must grant a legal separation, just as in a divorce. The reasons or grounds for separation are similar to those used for divorce. A legal separation can be used when spouses do not want to divorce because one spouse would lose health or pension benefits, or when divorce is against their religious beliefs.

Uncontested - Self Represented

This option involves working with the other party to settle the issues and filing the appropriate paperwork yourselves. You maintain 100% control over the outcome in this case, and this option is a possibility in only extremely amicable cases since you have to agree on every single aspect of the divorce.

Divorce Mediation

This involves the parties using a neutral party to assist them in negotiating the issues that need to be resolved. It can be done with or without attorneys assisting the parties. In this option, parties have 100% control over the outcome as no one can force them into any settlement agreement that they do not agree to.

Mediation/Arbitration

This is when the process starts as mediation, but then changes to arbitration. Arbitration involves allowing a neutral party to make a decision regarding the issues that need to be decided. Once the process moves to arbitration, the parties lose control over the outcome, as they have to do what the arbitrator decides they should do.

Arbitration

Arbitration involves allowing a neutral party to make a decision regarding the issues that need to be decided. If arbitration is chosen as the process, the parties do not have any control over the outcome, as they have to do what the arbitrator decides they should do.

Litigation/Court

This involves the parties using attorneys and possibly going to court to settle the issues at hand. In this situation, parties have 0% control over the outcome as the judge involved in the case can make decisions for them, and can order them to do things as part of the settlement.

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