How To Avoid A Divorce That Goes To Trial
A common misconception about divorces is that they are always settled in court, with a judge. While this is typically something that happens in movies and television shows, it does not have to happen in real life. After all, divorces by trial are both expensive and long, which are two things you'd likely want to avoid. In addition, avoiding the courtroom puts things in your control, because the final outcome is ultimately what you and your spouse come to a mutual agreement on. Here is how you can avoid having your divorce go to trial.
Talk It Out
Know that the discussions about the divorce can take place before you even talk to an attorney. Just plan to sit down and talk things out with each other, so that you have a plan for what each of you wants out of the divorce. If you are both reasonable and willing to work with each other, you can spend these hours working things out together, rather than with attorneys involved, which will save you money. Many couples are able to come to an amicable agreement together, and simply use an attorney to finalize what they have decided on so that it can be signed off on by a judge.
If you can't find a way to talk things out in private, there is a more structured way to do it with mediation. This process involves hiring a third party that is neutral, often known as a mediator. They have the job of talking to both you and your spouse to reach an agreement. Both spouses are typically in different rooms with your attorney, and the mediator acts as the go-between to work things out between the two of you. There is no direct conversation, which helps take emotions out of the process of getting divorced.
The arbitration process is sort of like a mini-trial since there are many similarities without actually being in the courtroom. The arbitrator is chosen by both spouses, and they act as a private judge that helps settle the divorce. They review evidence and testimonies and ultimately make a binding decision that both spouses agree to accept. Many couples prefer this because it also keeps their divorce out of the courtroom, where everything about it becomes public record.
A divorce attorney can help if you want help with ensuring your divorce does not go to trial.