husband wife divorce

Many divorcing couples do not harbor any animosity toward one another. Rather, they chalk the breakdown of their marriage to their irreconcilable differences. This is when an alternative dispute resolution may serve as a better path than litigated courtroom proceedings. Specifically, mediation and collaborative divorce are two fairly popular uncontested divorce methods. Continue reading to learn the difference between mediation and collaborative divorce and how an experienced Manhattan divorce attorney at Zimmet Law Group, P.C. can help determine the best procedure for you and your spouse.

What is the difference between mediation versus collaborative divorce?

Mediation and collaborative divorce may share the similar goal of privately negotiating a Separation Agreement outside of court. But they differ in the paths they take to get there.

On the one hand, mediation has you and your spouse negotiate your divorce-related terms (i.e., alimony, child custody, child support, and property division) in the presence of a mediator. This neutral third party may or may not double as an attorney. This is to say that mediation promotes flexibility and a lot of teamwork between you and your spouse.

On the other hand, collaborative divorce may have you and your spouse hire your own attorneys. Then, your respective attorneys may negotiate your divorce-related terms on your behalf. What’s more, your respective attorney may request the help of other third-party professionals to streamline these negotiations. These professionals may consist of financial specialists, asset appeasers, child therapists, etc. This is to say that a collaborative divorce follows a more structured outline and requires more outside assistance.

Is there another uncontested divorce option at my disposal?

Neither mediation nor collaborative divorce may seem like a good fit for you and your spouse. Even still, a contested divorce in the New York State family courtroom may seem like too drastic of a procedure to take. If this is your case, you may rest easier knowing that there may be one more alternative, uncontested divorce method at your disposal. Namely, this is what is known as an arbitration.

With arbitration, you and your spouse may essentially undergo a trial. Here, a neutral third party (i.e., a judge) may ultimately decide your final divorce order based on the evidence both you and your spouse present. However, unlike a trial for a contested divorce, you and your spouse may remain in control over who is to serve as your judge, where it is supposed to take place, and what rules are supposed to govern it, among other things. Ultimately, this may be best if you wish to closely simulate the structure of trial proceedings without having to file for a contested divorce.

To allow the best procedure to be chosen, it is in your best interest to retain the services of one of the skilled New York City matrimonial and family law attorneys. Contact Zimmet Law Group, P.C.