Every divorce is different from the next. While the same basic laws govern every divorce case in California, judges must interpret the law based on the circumstances of the spouses. Factors ranging from the length of the marriage and the extent of the marital estate to whether there are still minor children at home can influence what happens during a divorce.
Spouses preparing for divorce have different ways to manage the process itself. Learning the differences that separate the three most common approaches to divorce can help people make informed decisions during an emotional and tumultuous time. What are the most common ways that people navigate divorce?
1. Divorce litigation
For many people, divorce is synonymous with conflict in family court. Litigation is sometimes necessary to resolve matters related to household finances and parental rights. In cases involving high levels of conflict, financial misrepresentation or domestic violence, litigation may be the best solution available.
Divorce litigation tends to be the most expensive and stressful option, and it can cause permanent damage to the dynamic between the spouses. For many spouses, other approaches are preferable.
2. Collaborative divorce
Collaborative divorce is a structured process where spouses formally agree to work with one another. They may use alternative dispute resolution to settle their disagreements outside of court. Frequently, they work with multiple professionals such as financial advisors and parenting coordinators to determine the most reasonable arrangements for the family.
Collaborative divorce allows for an uncontested filing. The spouses maintain control over the final terms set in their divorce orders and preserve their privacy. They do not need to litigate marital matters in family court. While they pay for the service of the experts who support them, they can minimize their court costs and their stress, making collaborative divorce attractive to many spouses.
3. Divorce mediation
Mediation is sometimes part of the collaborative divorce process. It can also be a standalone solution to facilitate an uncontested divorce. Spouses sit down with a professional to work through their disagreements regarding critical divorce terms. If the mediation process is successful, spouses sign a document outlining the terms that they agreed upon, which allows for an uncontested filing in family court.
Frequently, collaborative proceedings or mediation offer a more cost-effective, private and controlled divorce process. If spouses believe that they can work together in good faith, then collaborative negotiations or mediation may be the best option available. In cases involving manipulation, misrepresentation or overt misconduct, litigation could be necessary.
Discussing marital circumstances can help those preparing for divorce evaluate their options, including divorce mediation and collaborative divorce. Legal representation and guidance are typically necessary regardless of what type of divorce people pursue.