Divorce court can be a difficult experience, and some choose to avoid it altogether. Click to learn more about 5 alternatives to divorce court.
Couples marrying for the first time in America have a 50 percent chance of divorcing. It’s a heartbreaking fact for anyone contemplating marriage, given the many unpleasant consequences associated with divorce.
The fact is divorce can negatively impact wellbeing, with those involved often experiencing depression, isolation, loneliness, and self-esteem issues. Moreover, ending up in divorce court can be an incredibly expensive affair. In fact, divorce is among the most common causes of bankruptcy.
Thankfully, there are many alternatives to divorce available for couples today. These alternatives give you and your partner a way out of the marriage without bleeding your bank accounts dry or dragging each other and your children through the muck.
In today’s post, we take a look at five of the top alternatives to divorce today. Read on to learn more.
Alternatives to Divorce Court
1. Separation
An unhappy couple who wishes to sever ties can start with a physical separation instead of divorce. In this case, one partner moves out.
One of the main advantages of separation is that it usually doesn’t affect the family finances. While laws vary from state to state, your property and financial accounts still remain jointly owned.
During a trial separation, you both get to see whether you can live apart. What’s the feeling like? Can you comfortably support the financial cost of two homes, or should you get together for practical reasons?
If, after a trial separation, you both wish to remain separated, you can opt to legally separate through a court order. Such a contract spells out the agreement terms, such as property, alimony, debt, and child-related affairs.
Note that a legal separation only allows couples to live apart, not remarry. Simply put, your marriage is still intact in the eyes of the law.
This may be a huge benefit on your part, given that up to 15 percent of divorced couples reconcile. Separation means you can get back together without having gone through a harrowing, financially draining divorce.
2. Conscious Uncoupling
Most couples would love to keep peace and dissolve their marriage with as minimal scars as possible. In these situations, conscious uncoupling is the best option.
The process involves you and your partner working through severing ties in the spirit of mutual respect and cooperation. The ultimate goal is to reduce emotional fallout for yourselves and your children. In doing so, you set everyone involved on a path to success in the future.
Conscious coupling works like therapy. It helps those involved work through a difficult experience in a manner that’s extremely positive, so no one gets destroyed in the process.
While conscious uncoupling isn’t legally binding, it can serve as a stepping stone towards a more formal legal separation.
3. Mediation
Sometimes, a couple wants to call it quits while also keeping their legal expenses under control. Divorce mediation may be a viable option.
In divorce mediation, a neutral party works with both partners to help them reach an agreement on the terms of their separation. These terms include how they’ll divide property, financial support and time-sharing for the children, and more.
Typically, a divorce lawyer reviews the agreement to make sure that either party benefits equally. As soon as the divorce mediation is signed, it’s legally binding.
One of the best things about divorce mediation is that it can be completed in just a few months. Divorces, on the other hand, can drag for years on end. Besides, mediation costs only a small fraction of what a divorce would.
4. Annulment
Another marriage dissolution approach is to opt for an annulment. In an annulment, your marriage is treated as though it never took place. In a divorce, your marriage is recognized as having existed at some point, though it’s now legally over.
Couples considering an annulment can opt for either of two approaches:
Civil Annulment
A civil annulment is granted by the court. This type of annulment terminates the marriage and allows either party to remarry. Since an annulment treats your marriage as though it never existed, you wouldn’t be able to claim spousal support.
Note that a civil annulment is quite difficult to obtain. Most courts only grant it in extreme cases. For instance, a partner may have failed to disclose a cognitive impairment or concealed a previous felony.
Religious Annulment
Also known as ecclesiastical annulment, a religious annulment is meant to dissolve a marriage and allow either partner to remarry within their faith. Note that a religious annulment isn’t legally binding. You must still obtain a divorce decree that dissolves your marriage if you intend to remarry legally.
5. Arbitration
Arbitration is another alternative to divorce many couples consider. Typically, the arbitrator is someone with vast experience in divorce cases, such as a retired judge who’s handled numerous divorces in the past.
The couple looking to separate chooses an arbitrator they agree on, usually with the help of their attorneys. As soon as you’ve selected an arbitrator, each side will present their legal arguments and facts to the arbitrator.
After reviewing the facts and listening to your arguments, the arbitrator then makes an arbitration award, which resolves any issues in your divorce.
You Don’t Always Need to Go to Divorce Court
Divorce can take a significant emotional and financial toll on all involved, no matter the circumstance. The good news is that there are better alternatives to divorce court. These include separation, mediation, conscious uncoupling, annulment, and arbitration.
Are you pondering severing ties with your spouse and need legal advice? Call 402-415-2525 today to learn how we may be of assistance.
