How do you perceive a divorce?
Unhealthy and at times, toxic environment with constant arguments. A lengthy legal procedure with tons of paperwork. Disagreements and rebuttals leading to seeing who the child picks as his/her custodian.
What if I claimed that this perception is often false? The aforesaid perception is common, yet majorly false. And much like ice cream, divorces have alternatives too.
Before we delve into the alternatives of divorce, understand that for the success of each, communication and compromise are imperative.
So let us see in detail What are the different alternatives of getting a divorce without enduring the emotional trial:
Do it yourself (DIY) divorce
Like all those DIY trick shots and recipes, divorce can be done by yourself i.e you and your spouse. No lawyer fees, no family squabbles, no running to and from the courts. Sounds simple, right?
However, on the contrary, DIY divorce is not an ideal alternative by any means.
Despite your best efforts, you and your spouse shall never be able to replace professional legal help. Compensating for the absence of a family law attorney is not a plausible idea.
And even if you both try to work it out, whose interests are being served? A DIY divorce is prone to manipulations, further legal hassles, and more. In a bid to get this divorce over and done with, you might lose valuable leverage.
But, if the two of you are unequivocal on
- Property division
- Child parenting time
- Legal decision-making authority
- Spouse support
- Child support
There exists a chance where DIY divorce might work. Even if these are fulfilled, suspicion of hidden assets, alimony settlement -is common hassles.
Also, apart from saving costs, DIY divorce does not benefit in any other major way. Given the general cost to benefits ratio, a Knoxville divorce attorney is your best way out.
In this case, you and your spouse rest your case and its proceedings in the hands of a mediator. He/she may be a Knoxville divorce attorney or just another acquaintance, it doesn’t matter. He/she must be thorough with the intricacies of family law and neutral. A bias of any kind can derail the efficacy of opting for mediation.
The mediator does not make decisions nor advises you (or your spouse) on a personal level. All he/she does is facilitate a peace agreement between the two parties.
Mediation works well when the parties are looking for an amicable solution. Only if you and your spouse are reasonable and civil, mediation shall work. Name-calling, blaming are all common sights during a divorce proceeding. Rather than protecting anyone’s best interests, a mediator’s job is to promote healthy communication.
The advantages of mediation are obvious:
- Less expensive
- Less stressful
- More control over the divorce
- Expedites the divorce process
Considering these advantages, mediation may sound fool-proof. However, there are slight concerns given the informal and voluntary nature of the proceedings.
If negotiations fail, time and efforts are wasted in mediation. Likewise, a failed negotiation may also exhibit negative behavior. Since the financial data are voluntarily disclosed, the unearthing of hidden assets may not be possible.
The mediator is the vital cog in this process, yet he/she does not have any decision-making authority. Given his/her limitations, facilitating a sound agreement between the parties is a challenge. If done rightly, mediation is the most ideal alternative for divorce. If not, an already strained relationship just aggravates.
This is a settlement process where both the parties and their lawyers collaborate to resolve the conflict. This process is a confidential one that stems from the principle of continuing relationships and obligations.
When divorces mean the end of a bond, the relationships and obligations never die. With children involved, this grows in importance.
How does this process work?
First, both parties and their Knoxville divorce lawyers come forward to collaborate. The attorneys here advise you and your spouse towards reaching an amicable resolution. Also, the attorneys have the power to negotiate the specifics of the agreement, on behalf of their parties.
The distinctive part of collaborative divorce is the importance given to the adjacent happenings.
For example, to manage the financial needs of the parties, a professional may be called for. A professional divorce financial planner may be engaged to plan your future. Likewise, therapists or counselors are recruited to guide you through the child custody process.
On the flip side, collaborative divorce places enough power in the hands of the attorneys. Enough power for him/her to threaten the very fabric of the divorce. Usually, the party with a better lawyer can leverage the law and its loopholes to gain the upper hand. Whilst reaching an agreement is the final deal, the clauses and other specifics are up for negotiation. And during negotiation, leverage is the king.
Collaborative divorce is plausible but tough.
The most common form of divorce is the litigation and wait, litigation does not mean in-court settlement. Though it may involve lawsuits at some stage, out-of-court settlements make the majority.
Litigation is also fondly pursued when only one party of the marriage seeks divorce. Having a Knoxville divorce attorney and an emotionally charged party on one side, most litigation cases are unilateral. Also, most of the litigation cases are the last resort of the couple who have failed in their mediation and collaborative efforts.
Litigation, by understanding, is time-extensive and a costly affair. However, since it is the only measure with absolute legal protection, it is the most popular method. Most Knoxville divorce lawyers shall expedite the process outside the court, culminating in a peaceful agreement.
With a reasonable negotiation, any family law attorney can facilitate an agreement without a lawsuit.
However, in extreme situations, an in-court settlement is imperative. This is more time-consuming given they are inclusive of every facet of divorce. Sticking points like child custody and alimony take a lot of time and effort.
With documentation and evidence considered ultimatum, bias due to leverage has fewer chances.
For the best representation of your claims and complete protection of your rights, a quality lawyer is a need. And to hire the best, consult Volunteer Law firm attorneys in Knoxville Tn.