Deciding to get divorced is rarely an easy decision to make. There’s a shared life, assets, bank accounts and maybe even children. Every relationship is different and so is every relationship dissolution. If the idea of a traditional litigated divorce is scary to you, or you’re looking for alternatives to divorce, you’ll be relieved to know that there are other options to explore.
A collaborative divorce is when both spouses agree to work out a settlement without physically going to court. This method is very similar to a litigated divorce in that each partner hires a lawyer to assist them in creating the divorce settlement. Both the couple and the attorneys sign an agreement at the start stating that if an agreement isn’t reached, both lawyers must withdraw and negotiations will have to resume with new lawyers. Your skilled family law attorney Utah will meet with you one on one. They will also meet with your spouse and their lawyer without you. All of the negotiations are up to the couple to handle, but other professionals like counselors or therapists, financial planners and other neutral professionals can be brought in to help create a settlement.
If you haven’t committed to divorcing, separating can be a great way to figure out if a legal divorce is what you really want. Both partners will get to experience what it’s like to be apart and if they want to stay apart. Just remember that neither physical nor legal separation will dissolve a marriage, it just frees you to live apart, while keeping family finances, property and other shared assets legally untouched.
A divorce mediation involves a neutral mediator that is well versed in family law working with a couple to help them agree on all aspects of their divorce. This includes the finances and other assets, child custody, spousal support and more. Mediators aren’t always lawyers, but their job is to negotiate not to advise. When choosing this path to divorce, it is imperative that the mediator be a truly neutral party. If they are not, the negotiations can heavily favor one spouse to the other’s detriment. It is advisable for the couple to have individual lawyers to consult with to ensure that the settlement is good.
This option is not legally binding. What conscious uncoupling does is keep the peace. From the outside looking in, it’s a lot like family or couple’s therapy. The goal is to provide support to the spouses (and children) as they navigate the dissolving of a marriage. It’s a way to manage emotions and the breakup without tearing apart individual bonds within the family. Conscious uncoupling is often paired with another type of divorce when everyone is in agreement that the marriage needs to be legally ended.
These Are the Common Alternatives to Divorce
Surprisingly, it is possible to obtain a divorce without a lawyer, but it isn’t recommended. The wise thing to do if you are truly interested in breaking away from your marriage, is to have an experienced lawyer look over the final documents before filing them in your jurisdiction. Remember, it just may be better to have no agreement rather than a bad agreement.