What are the different ways to resolve your divorce?
Many people think divorce means hiring an attorney, going to court, and battling for everything in front of a judge. Though litigation is an excellent option for some, it certainly is not the only method to resolve a divorce. In this video, we cover four common ways for resolving a divorce.
For more information on this topic, check out our blog article detailing the pros and cons of each: https://www.castletonlaw.com/blog/eng....
Litigation
Litigation in a divorce is the process of disputing parties going to court with their attorneys and resolving their disputes in front of a judge. The judge will hear testimony and evidence from the disputing parties, and he/she will then give a ruling to resolve the divorce. This option is especially useful when one party refuses to compromise or negotiate, makes threats, or generally engages in bad faith behavior. Litigation can provide certain legal protections and coercive mechanisms that other methods can’t provide.
Mediation
Mediation is the process by which a mediator is hired to find an agreement between disputing parties and negotiate a resolution. The mediator’s capacity is not a judge or public official. He/she does not have the power to make any decision on behalf of the disputing parties, so all disputing parties need to voluntarily agree to any proposed resolution. If one party does not agree, then the mediation process can fail. In theory, mediation can be quick and easy if all disputing parties are willing to cooperate and find mutual solutions.
Collaborative Law
A collaborative divorce occurs outside of public courtrooms and involves multiple experts to find a divorce settlement: attorneys, financial and tax experts, child and family therapists, property appraisers, etc. In this approach, each spouse hires an attorney(s) to represent them, and with the help of the experts, tries to resolve the divorce in an agreeable way. It is similar to mediation, but involves multiple experts who act as consultants.
Private Judge
Some couples decide to hire a private judge, who is usually a retired family law judge, to resolve their disputes. The function of the private judge is the same as a court judge, and the judge’s decisions are enforceable by law. However, the main difference is the efficiency of the process compared to traditional litigation. Since a couple won’t need to schedule a court date with a busy court, hiring a private judge can help them avoid the logjam of public court calendars and resolve their divorce quicker.
Visit our website: www.castletonlaw.com
About us: Castleton Law Group was founded in 1986 and is located in Southern California. We specialize in civil, divorce, business, and probate litigation, and we have helped thousands of clients over the past 34 years. If you need legal counsel or would like information on our legal services, please contact us.