Are you wondering how to divorce without going to court?

If you have a family court date coming up, you may be feeling overwhelmed with emotions, such as anxiety, depression, and anger. These feelings are not always necessary. Going to court is not always necessary.

Make sure you know what other options you have available to you. Find family lawyers who have experience in family negotiations and Alternative Dispute Resolutions (“ADR”).

If you need to find a lawyer to help you avoid court, use our lawyer directory. You can also leave reviews for attorneys, good or bad.

Here are a few ways you can settle your matter, without going to court. Make sure you ask your family lawyer how to proceed with each option.

Negotiations / 4-Way Meeting

Before you retain a lawyer, you should always try and negotiate between yourself and your spouse (without lawyers).  If the negotiation with your spouse does not go well, the parties, with their lawyers, may start a process called a 4-Way Meeting, prior to initiating court proceedings.

Find a lawyer that can help you prepare for a 4-way meeting. This is the most cost-effective way to settle your family law dispute. The 4-Way meeting can be anywhere from one hour, to a full-day meeting.

Depending on how negotiations are going, your family lawyer will advise you if you are on a path to resolution, or if you should call it a day.

Mediation

Family Mediation in family law is another method of alternative dispute resolution where the parties retain a neutral third-party professional to assist them in reaching an agreement. The purpose of mediation is to assist the parties in accepting their situation, understand the other parties’ position, and try to reach an agreement.

The mediator’s role is to listen to the parties and assist them in reaching their own agreement. They cannot force the parties to reach an agreement or make any decisions for the parties.

Family law lawyers work with mediators on a daily basis. We attend family mediation with our clients with the expectation of settling your family law matter.

However, there are times when mediation fails. This is usually due to the parties not being willing to compromise, hostility between the parties, non-disclosure, or even your lawyer not having the proper mediation skills necessary to negotiate. Lawyers are constantly being trained in negotiations and mediation.

Divorce Without Going to Court- Try Arbitration

Arbitration is a procedure where the parties agree to appoint a neutral third-party person to make a decision on their issues (sometimes this can be the same person as the Mediator).

In arbitration, the steps are similar to a trial and the arbitrator is similar to a judge. The parties will make submissions and present evidence; the arbitrator will make a binding decision, just like a Judge. There are a few benefits to this:

1.  the parties get to choose their arbitrator – you cannot pick your judge. Family lawyers work with certain Arbitrators within BC, we can help you find an arbitrator who will be best for your family matter;
2.  the cost of arbitration is typically cheaper than going to a family law trial; and
3.  scheduling an arbitration can happen sooner, than a trial. Trial times are scheduled by the court and require advance notice and various pleadings to be filed to secure your trial. Scheduling an arbitration is very easy, and is on the arbitrator’s schedule.

How to Divorce Without Going to Court

A court battle can add strain and costs to the already emotionally draining process of ending a marriage. Thankfully, couples can opt for alternative methods to part ways legally and amicably.

Key Points:

-Understand Mediation.
-Embrace Collaborative Divorce.
-Online Divorce Platforms.
-Arbitration as an Alternative.
-Draft a Marital Settlement Agreement.
-Seek Out-of-Court Negotiations.
–Utilize Paralegals.
-Be willing to compromise.

Understand Mediation: Mediation involves a neutral third-party mediator. This professional aids couples in reaching a mutual agreement. Both parties express their concerns and find common ground.

Benefits of Settling Divorce Outside the Courtroom

Embrace Collaborative Divorce: Both spouses hire separate lawyers trained in collaborative law. Lawyers and clients work together in a series of meetings. The goal: create win-win situations for both parties.

Online Divorce Platforms: Several platforms facilitate divorce documentation. They ensure paperwork meets state requirements. This option suits uncontested divorces best.

Arbitration as an Alternative: Similar to court, but more informal. Both parties present their case to an arbitrator. The arbitrator then makes a binding decision.

Collaborative Divorce: A Team Approach to Resolution

Draft a Marital Settlement Agreement: Write down the agreement’s terms regarding property, debts, child custody, and support. Both parties sign. Courts generally honor these if fair and transparent.

Seek Out-Of-Court Negotiations: Lawyers from both sides can engage in negotiations. This process works without direct involvement from the divorcing parties.

Utilize Paralegals: Some couples use paralegals to draft necessary paperwork. They charge less than attorneys. However, they can’t offer legal advice.

Be willing to compromise: Flexibility speeds up the process. Set emotions aside. Focus on the bigger picture: a peaceful separation.

Couples looking to divorce without court intervention can find relief and resolution by considering these options. A harmonious separation not only saves time and money but also ensures emotional well-being during a challenging life transition.

Divorce Without Going to Court

There are various ways to settle your family law matter outside of court. As well, there can sometimes be risks associated with using one of these methods instead of proceeding to court. However, alternative methods often offer a more satisfactory result for our clients.

If you want to divorce without going to court, then it’s time to speak to a law firm.

Author: K.S. Lawyers