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Do I Have to Go to Court for Divorce?

Divorce can be a difficult process to endure, and drawn-out legal battles in court don’t help. While some divorces need the courtroom to facilitate legal dispute resolutions, not all do.

Contrary to what a lot of people think, it’s possible to settle a divorce without letting a judge or jury weigh in on important matters for you. Skipping the courtroom can also mean avoiding unnecessary litigation fees, court costs, delays, and other unfavorable aspects of divorce litigation.

Krusch Divorce Resolution’s attorneys are skilled at helping clients utilize alternatives to litigation to part ways with a spouse. These alternatives include traditional means of separating, such as legal separation agreements and divorce mediation. We also offer services to facilitate a collaborative divorce, which is a relatively newer way some couples choose to divorce.

If you aren’t sure what any of these options are, don’t worry! We’ll go through each of them below.

Legal Separation

Legal separation is an alternative to divorce altogether. When spouses’ religious convictions prohibit divorce or remaining legally married is important for insurance, tax, or Social Security benefits purposes, legal separation is an alternative that allows spouses to lead separate lives.

Legal separation involves many of the same issues that come up during divorce, such as property division, alimony/spousal support, child custody, and child support. By resolving these issues, spouses can disentangle their lives and live independently from each other while still remaining married in the eyes of the law.

Because spouses remain married, however, they can’t remarry other people. Doing so would be considered bigamy and can result in criminal charges. So, if either spouse desires to marry someone else, they can convert the legal separation agreement into a divorce settlement or work out a new divorce settlement to completely terminate the marriage.

Divorce Mediation

Divorce mediation is popular for couples to divorce. This process involves both spouses meeting with a neutral, third-party mediator. The mediator’s role is to facilitate discourse between the spouses to work out a divorce settlement that’s agreeable to each party. When both parties have an equal say in constructing the terms of their divorce settlement, many couples report feeling more at ease knowing they have more control over how their divorce resolves than they previously believed.

Of course, divorce mediation isn’t for everyone. In most cases, this alternative works best when spouses are on amicable terms and are willing to cooperate with each other. That may also entail a willingness to compromise. When cooperation or compromise on important issues is unrealistic, litigating the divorce may be necessary.

Collaborative Divorce

Collaborative divorce occurs when spouses, each represented by their own counsel, work out a divorce settlement together. It’s not completely dissimilar to mediation, but it can allow a more open exchange of ideas and communication between spouses. This is representative of the spirit of this alternative as one that attempts to facilitate more collaboration to ensure each party’s interests are adequately addressed.

An important aspect of collaborative divorce, however, is that it requires spouses to agree to use alternative means of dispute resolution before litigation. There is often a more defined focus on avoiding the courtroom, requiring the spouses’ attorneys to drop their clients in the event litigation becomes unavoidable.

Helping Clients with Different Ways to Divorce

If you are looking for a different way to divorce, one of the alternatives we mentioned above might be right for you. To learn more about them and how our legal team at Krusch Divorce Resolution can help, get in touch with us today.

Contact our firm online or by calling (704) 343-8811">(704) 343-8811 now.

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