When it comes to deciding how you want to go about your divorce, you have a few different options. From hands-on collaborative methods— to hands-off ‘talk to my attorney’ type divorces, and the in between. The point is, depending on your financial situation, and your cooperativeness— you can be as involved or remote as you’d like. So we’re going to walk you through your four most common divorce paths. Obviously, there are plenty of different ways to go about it. But here, are your four most likely routes as you move forward with your divorce.
Four Most Common Divorce Paths: Knowing Your Options
1: Litigated Divorce
This is your most traditional route, and the one most people take just because it’s all they know. It doesn’t always mean court, as most divorce cases are settled outside of the courtroom. Litigated divorce is one of the most common divorce paths when one half of the couple wants to divorce, and the other does not. When one party is not cooperative and does not want the divorce, that rules out the other three options. This is because they rely on being collaborative in some regard.
2: The DIY Divorce
Now, first of all, I will say that we do not recommend taking this route. While it is cost-effective if done quickly— when there are assets involved, someone undoubtedly gets the short end of the stick. Divorce is tricky, expensive, and when not done effectively— it can take forever. If you are taking the DIY route due to a lack of financial stability, make sure you invest some time in research. Figure out what you want and need out of the divorce, and consider a few consultations with attorneys. You don’t need to hire them, just pay for your time spent asking questions, and make sure that you’re following the right steps. When you and your spouse come to an agreement, I highly recommend having an attorney do a final check over it to make sure the T’s are crossed and the I’s are dotted.
3: Collaborative Divorce
Collaborative divorce rings in quite true to it’s name. Collaborative divorce occurs when both parties hire their now attorneys, and you together draft an agreement that is mutually beneficial. No court, no judge, no more time spent than you both want to put into it. Plus, the addition of individual representation helps to aid in getting what you need and deserve out of the agreement, rather than a neutral source. When you take this route, you typically sign an agreement saying you will not go before a court. If the situation arises where you can’t agree on anything and have to go before a court— you must each hire new representation. So, you can see how this route can be your best, or worst, option.
4: Mediated Divorce
A mediated divorce and collaborative divorce are quite similar. The main difference is in the mediation itself. Instead of having individual representation as in collaborative divorce, you have a neutral mediator who serves the both of you. The nice thing about a neutral mediator is that they have no bias. And in that, they are not going to butt heads with another attorney over who gets what. The mediator is making neutral decisions and aiding the process instead of spending time going back and forth. Our only suggestion with this route, is consult with a third party attorney before signing the agreement to make sure that you’re where you want to be.