Determining the Best Type of Divorce for Your Family

 Posted on October 18,2018 in Divorce

So you have finally made the decision that you and your spouse are going to get a divorce. You may feel like a weight has been lifted off your chest, this is only the beginning. Now, you must decide what type of divorce would be the best fit for your family. There are many options you can choose from, all with their own advantages and disadvantages. You can go the traditional route and get a litigated divorce, or you could choose an alternative route by getting a mediated or collaborative divorce . Many couples are not often aware that there are choices other than litigation which offer many benefits, especially if you are divorcing with children.

Litigated Divorce

This type of divorce is considered the traditional divorce and the majority of couples still choose this way to separate. Most of the time, divorces are adversarial situations in which one spouse wants to divorce from the other. A litigated divorce does not necessarily mean that you will be going to court. In fact, most divorce cases are settled outside of the courtroom. Typically, a litigated divorce is chosen because a mediated or collaborative divorce is out of the question because both methods rely on full cooperation and a willingness to work together.

If your lawyer cannot negotiate an agreement about things like child custody and spousal support, you will have to go to court where the judge will make the final ruling on what will happen to your family. The judge is required to follow all state laws and regulations when it comes to this, which are not always the best decisions for your specific situation.

Mediated Divorce

In a mediated divorce, both couples come together with a single, third-party mediator who is there to help guide them through the process of making decisions about the divorce. The mediator is not an advocate for either of the spouses and is not there to give legal advice to either of them. Rather, the mediator is there to bring topics to light that need to be discussed, and redirect conversation if it becomes too hostile or argumentative. Mediation has many benefits because of its more peaceful nature. Children often have an easier time through these divorces because their parents are not constantly at odds with each other. Mediation also tends to save you time because you can conduct your divorce at your own pace.

Collaborative Divorce

This type of divorce is different than both litigated and mediated divorces. In a collaborative divorce, both spouses sign a contract in which they agree to settle their divorce outside of the courtroom. Both spouses hire individual attorneys who are trained in collaborative divorce, along with other professionals, such as financial planners or therapists, who will all work together to come to a divorce agreement. You and your spouse get to make the final decisions about things such as property division and child custody, and your lawyers are there to give you legal advice about how your decisions will impact your lives. Collaborative divorce can also expedite the divorce process, making it as long or as short as you would like it to be. It can also reduce expenses that a litigated divorce can bring.

An Oakland County Divorce Attorney Can Help You Make the Right Decision

Choosing the right type of divorce for your family can set the stage for how your divorce will end. If you and your spouse can be amicable enough to commit to a mediated or collaborative divorce, you will be able to see the benefits they bring. By contacting a Novi, MI divorce lawyer, you can determine which type of divorce would be best for you. Contact Elkouri Heath, PLC to discuss your options. Call the office at 248-344-9700 to set up a consultation.

Sources:

https://psychcentral.com/blog/4-different-types-of-divorce/

https://www.forbes.com/sites/jefflanders/2012/04/24/the-four-divorce-alternatives/#6309e4b120ae