Understanding Your Divorce Proceeding Alternatives |
Posted: June 20, 2018 |
Most people think of divorce as a nasty, bitter battle between two angry people, but that isn’t always the case. A divorce doesn’t have to be long or stressful especially when you have the best family lawyer in Brunswick, County, NC, on your side. Keep reading to learn more about amicable divorce alternatives. Summary and Uncontested Summary and uncontested divorce proceedings fall under the do-it-yourself category. They are a good option for couples who are amiable and can agree on the terms of the divorce. Couples who file for a summary divorce usually don’t have children, property, or joint debts. In an uncontested divorce, couples agree mutually on how to split their joint assets or debts, file the necessary paperwork, and then go their separate ways. While you don’t necessarily need a lawyer for these types of proceedings, you should consider consultation and have your lawyer review the paperwork and terms before you file. Default, Fault, and No-Fault If you file for divorce and your spouse doesn’t respond or can’t be found, the court will grant a divorce by default. A fault divorce is an older type of divorce proceeding where one spouse had to prove that the other was responsible for the breakdown in their marriage. Today, a no-fault divorce doesn’t point fingers at one spouse or the other. They use the term “irreconcilable differences” to describe this situation and, in most cases, a judge or third-party mediator is brought in to sort things out. Mediation, Collaboration, and Arbitration Mediation and collaborative proceedings are good alternatives for couples who want to try to avoid going to court. In mediation, a third-party attorney is hired by the couple. The attorney doesn’t take sides in mediation; he helps the couple understand their options and answers questions about splitting assets, child support, or child custody. Collaborative divorce works the same way, but each spouse brings their lawyer to the mediation table to represent them. Arbitration is similar to mediation, but the third-party mediator is a private judge called an arbitrator. In a standard court case, you don’t get to pick your judge, but if the couples can agree on a private judge that specializes in their particular case, arbitration is a good option. The arbitrator considers the case and makes decisions that both spouses must agree to honor. The best family lawyer in Brunswick County, NC, can help you find a divorce option that works for your situation and help you agree to terms that benefit both parties without the stress of a standard trial.
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