Divorce is a legal process that ends a marriage. It is a life milestone that many people hope never to experience, yet sometimes find it is in their best interest to dissolve their marriage. A couple may choose to get a divorce without going to court if they can agree on all aspects of the divorce, such as child custody, visitation, spousal support, and the division of property. Other couples may go to court because they cannot agree on one or more issues and need a judge to decide. If you and your spouse are considering getting a divorce, it is essential to consult with an experienced family law attorney who can help you understand the pros and cons of both options.
There are a few ways to get a divorce without going to court. The most popular and successful methods include:
- Collaborative Divorce: This is when both spouses work together with their respective attorneys to negotiate a settlement outside of court. All components of the divorce, including child custody, spousal support, property division, and more, are decided through this process. This method is often successful because it allows both spouses to have a say in the outcome of their divorce.
- Divorce Mediation: This is when both spouses work with a neutral mediator to negotiate a settlement outside of court. The mediator will help facilitate communication and discussion between the two spouses but will not make any decisions on behalf of the couple. This method can succeed if both spouses are willing to compromise and reach an agreement.
- Arbitration: This is when both spouses work with an arbitrator to decide all aspects of the divorce outside of court. The arbitrator will carefully listen to both sides of the divorce case and then make a decision on the outcome. This method can be successful if both spouses are willing to accept the arbitrator’s decision.
- Filing for a Summary Dissolution: This is an option for couples who meet certain criteria, such as being married for a shorter period of time, having no children together, and not owning any property. This option allows couples to file for a divorce without going to court.
- Appealing the Divorce Decision: If one spouse is unhappy with the divorce decision, they can appeal the decision to a higher court. This option is often used when one spouse feels the court made an unfair decision. It is important to note that appealing a divorce can be a long and difficult process, but it could be worthwhile if the decision is overturned.
There are a few things to consider before deciding whether or not to get a divorce without going to court. These include:
- The complexity of your divorce: If you have a simple divorce with no children and few assets, it may be possible to get a divorce without going to court. However, adding in factors such as child custody and division of complex assets can make getting a divorce without going to court more difficult. These are highly significant components of each spouse’s future, so it is often a challenge to quickly breeze through these topics outside of court.
- Your ability to communicate with your spouse: If you and your spouse can communicate and reach an agreement, you will likely be able to get a divorce without going to court. This is because your ability to communicate and compromise will be key in reaching a settlement that does not require court intervention. However, not everybody can communicate effectively with their spouse, and it is sometimes the number one reason why divorce occurs in the first place. Consider whether or not you and your spouse will be able to have civil conversations before deciding to divorce without going to court.
- Your willingness to compromise: If you and your spouse are willing to compromise and reach an agreement, it is likely that you will be able to divorce without court. Being able to compromise means that you are willing to concede on some issues to come to an agreement with your spouse. It is important to remember that not every divorce requires each spouse to make huge sacrifices, but some give-and-take will likely be necessary for a settlement to be reached without the court getting involved.
Do I Have to Disclose All of My Finances During Divorce?
When going through a divorce, being honest about your finances is essential. This includes disclosing all of your assets and debts, as well as your income and expenses. Failure to disclose all of this information can lead to problems down the road, such as one spouse being ordered to pay more than they can afford or one spouse not getting their fair share of the assets.
It is also important to remember that hiding assets during a divorce is illegal. This means that if you are caught hiding assets, you could face serious consequences, such as jail time. If you have disclosure questions, you should speak to an experienced divorce attorney.
What Is the Difference Between Legal Separation and Divorce?
The main difference between legal separation and divorce is that, in a divorce, the marriage is ended. This means that the spouses are no longer legally married and are free to remarry. In a legal separation, the marriage is not ended. This means that the spouses are still legally married and cannot remarry.
Another difference between legal separation and divorce is that, in a divorce, the spouses are usually required to divide their assets and debts. This is not the case in a legal separation.
Contact McCunn Law Today
If you are considering getting a divorce without going to court, it is important to speak to an experienced divorce attorney. At McCunn Law, we have helped many clients through the divorce process, both in and out of court. We can help you understand your options and make sure that your rights are protected. Contact us today to begin consultation and set yourself up for success.