Are There Alternatives To Divorce?

Are There Alternatives To Divorce?

Waple & Houk attorneys recognize that divorce can significantly impact well-being, often leading to depression, loneliness, and low self-esteem for those involved. Additionally, navigating divorce courts can be a costly endeavor.

Fortunately, there are alternatives available for couples today. These options provide a way to end a marriage without depleting your finances or subjecting yourselves and your children to unnecessary turmoil. In today’s article, we explore several opportunities that can replace traditional divorce.

Why Use an Alternative to Divorce?

There is a likelihood that you will be more satisfied with the outcome of your case if you try these alternatives. Why is that? The main reason for belief in fairness and satisfaction with outcomes is “control.”

When you are out of court, both partners feel more in control of the situation. You and your spouse can agree to almost anything. However, you both have no control over the outcome when you are in court.

Alternatives to Divorce Courts

Divorce can be a complicated process. These alternatives may be viable options for some couples.

Separation

An unhappy couple seeking to break ties without going through a divorce might consider a physical separation. In this scenario, one partner moves out. One key advantage of separation is that it typically doesn’t impact family finances. While laws vary by state, your property and financial accounts remain jointly owned.

A trial separation allows both partners to explore whether living apart is beneficial. This temporary arrangement provides a chance to attend couples’ counseling, evaluate the relationship, adjust to living on a single income, or even test the waters for divorce.

If, after the trial period, both partners decide to remain apart, they can pursue a legal separation through a court order. This formal agreement details terms regarding property division, alimony, debts, and child-related matters.

It’s important to note that even if you are separated, you cannot remarry, as your marriage remains legally intact. Interestingly, up to 15 percent of separated couples reconcile, offering a potential advantage if part of you wishes to mend the relationship. Separation allows you the possibility to reunite without enduring the complexities and financial strain of divorce.

Mediation

Sometimes, couples decide to part ways but want to keep their legal costs in check. That’s where mediation can come in handy. In divorce mediation, a neutral mediator collaborates with both partners to help them agree on the terms of their separation. These terms encompass property division, financial support, child custody, and more.

A divorce lawyer will usually review the agreement to ensure fairness for both parties. Once signed, the mediation agreement becomes legally binding. One of the standout benefits of divorce mediation is its efficiency; it can be wrapped up in just a few months, whereas traditional divorces can drag on for years.

Annulment

Annulment is a legal procedure that declares a marriage null and void. Essentially, an annulled marriage is considered never to have existed under the law. Annulments can be pursued through civil or religious channels. The initial step involves submitting a petition to your local court. Following that, you must specify the reasons for your annulment request. While the legal grounds vary by state, the most frequent include coercion or deception, bigamy, an underage spouse, or incapacity.

After you file your petition, the judge will review the evidence to determine if you fulfill the state’s criteria for annulment. If you have minor children, the court will also settle matters of child custody and child support during the proceedings. However, if you seek an annulment, you forfeit your right to spousal support.

Arbitration

This is another alternative to divorce that many couples consider. In most cases that are not settled after mediation, the parties prepare for trial. The trial may not be the best next step in your case for many reasons. For example, your trial date may be months away, you may not want the judge assigned to your case to make the final decisions, or the remaining issues are of the kind that can be decided quickly by someone who has the authority to do so.

Typically, the arbitrator is someone with extensive experience in divorce cases, often a retired judge with a history of handling such matters. The separating couple selects the arbitrator, usually with guidance from their attorneys. Once chosen, both parties present their legal arguments and evidence to the arbitrator. After considering the facts and hearing the arguments, the arbitrator issues an arbitration award that resolves any divorce issues.

Get Support From Experienced Family Law Practitioners

An experienced family law practitioner can introduce you to the many alternatives to court divorce, offering more amicable and flexible solutions. If you are in the process of getting divorced and would like to speak to a lawyer, you can contact our Charlotte family law attorney at Waple & Houk Law.