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What is the Best Way to Proceed with Divorce

What is the Best Way to Proceed with Divorce?

By Hampton & Pigott
Posted on 1-15-2020

There are various reasons why couples would get a divorce, whatever the reason may be, you need to know the best way to go about it. When going through with a divorce there are several ways that a couple can proceed with it. Each way will have a different price tag attached to it. The way that you decide to go about your divorce can cause you to save a couple of pennies or to have to pay out more in fees. Hampton & Pigott understands all the procedures and options that you have. As experts in Family Law, here are all of your options from the easiest and most cost effective, to the harder and more costly.

Divorce Mediation Process

This is considered a form of Alternative Dispute Resolution. In short, what this means is that both parties try to come to an agreement outside the courthouse. The first step in the process is for you and your spouse to find a qualified family law mediator like David Pigott. Unless it is otherwise stated, the couple would more than likely split the cost of the mediator. Within a couple of visits, the mediator will help the couple to reach an agreement on things that may be difficult to do. After an agreement has been made on everything, the mediator will then write up legal paperwork known as a Property Settlement Agreement, Marital Settlement Agreement, or Divorce Settlement Agreement. This document will contain all the agreed upon terms. From there you will want your attorney to overlook it before you sign the agreement. In the end you’ll still have to go to court for them to approve it, officially ending your marriage.

Collaborative Divorce

Collaborative Divorce is different from Divorce mediation although they achieve the same purpose which is to come up with an agreement outside the court. This is achieved by 4-way meetings that include you and your spouse and each of your respective collaborative attorneys. In this process, the success is dependent on these meetings going well in achieving the goal to come to an agreement. You are also able to bring in experts of various nature, such as a financial planner or family therapist. In the end you get the same results which is a signed settlement agreement. There is a downside to this though. At the outset of the process you will sign a “no-court” agreement, which means that if you can’t come to an agreement and you do go to court you’re left paying more fees on top of the ones for the collaborative attorneys. They are not able to represent you in court.

Divorce Court

As you can see this is not your only option and it should be your last option. It can be costly to go straight to divorce court because of all the legal fees that come along with the court. Typically, you would resort to this option when there can’t be an agreement reached. When you’re dealing with a spouse that is an abuser, narcissistic, or someone who likes a lot of conflict then it’s best to go this route. This is because generally these individuals aren’t willing to compromise no matter what the cost is to you or your family. The only way for mediation type choices to work are for both parties to go into it with the same mindset and good intentions for settling. If this isn’t the case with you and your spouse, then your chances of mediation working are very low and you may very well be wasting your time and money trying to go that route.

Only you and your spouse know how this is going to turn out. If you are seeing signs that one method will work better for you then you may want to consult with your attorney. They will help guide you through the divorce, having the experience and knowledge of working with difficult spouses before. Don’t chance it when it comes to the next chapter of your life! Call us today if you are needing an expert in family law to represent you!