Can You Divorce Outside Of Court?

Due to one reason or the other, many couples are tired of their present marriage and are looking for easy ways to divorce. However, they don’t know which way to follow in getting this done. This page will guide you and answer questions about divorce outside court. Keep reading!

Alternatives to the Traditional Divorce Process

Some states will let you get a divorce without going to court, while others will demand that you be present and let a judge pronounce judgment. Nevertheless, going to court becomes easier if you have resolved your differences in advance. You can resolve the issues with your partner without any third party. Also, you can use any of the Alternative Dispute Resolution (ADR) methods.

Resolving Issues Yourself

If you are on good terms with your partner, you can resolve your marital issues like child support, child custody, etc. After sorting out the issues, you can get a lawyer to make your divorce a formal one. The lawyer will prepare a Property Settlement Agreement that will contain vital legal clauses to complement the terms you’ve reached. It is worthy of noting that both of you will have your separate lawyers to formalize your divorce.

Mediating Your Divorce

This is one of the ADR methods, and it’s trendy. Mediators help couple to reach an agreement. You and your partner will make available necessary information and documents like tax returns in advance and both of you can meet the expert later to settle. The reason for this is to have a written agreement.

Collaborative Divorce

This is another form of ADR similar to mediation, as the aim is to settle. The difference is that collaborative divorce doesn’t involve an intermediary or mediator. Instead, you and your partner will have a separate attorney to participate in four-way sessions to reach an agreement. Most partners prefer this ADR form if they have an attorney representing them in all settlement proceedings.

Divorce Arbitration

Couples use this ADR form when they believe they can’t settle their dispute. So, they demand someone to resolve their issues outside the courthouse. The arbitrator will decide the case as a judge does in court. It has a benefit over a court trial because the couple chooses the arbitrator.

You may not go to court to settle but after settling outside the court, the court has to formally dissolve your union.