The differences between amicable and litigated divorces

For many people divorcing in Texas, there are other options besides going to court that can make the divorce process go by faster, smoother and even more cost-effectively.

January 11, 2014 /24-7PressRelease/ -- When two people are considering a divorce, the many issues surrounding this difficult time can seem overwhelming. Who will get to live in the house, and who has to move out? Will both parents have equal joint custody, or will one only get visitation on weekends while the other has them most of the time? How will child support and alimony be determined? The questions can add up and make a life event that's already stressful and heartbreaking even more upsetting.

Often such issues are addressed by litigation, especially when a divorcing couple is unable to cooperate and come to an agreeable resolution. However, for many people divorcing in Texas, there are other options besides going to court that can make the divorce process go by faster, smoother and even more cost-effectively. Such options can include mediation and collaboration. When deciding the different options available, it's important to understand the steps for each. Everyone's circumstances are different, and what is ideal for one couple may not be the best option for another.

The difference between litigation, mediation and collaboration

An uncontested divorce can be less stressful for each spouse, as well as for their children. According to the Chicago Times, an amicable divorce is appealing to many because it has the potential to cost less than a contested divorce. However, under some circumstances it may be necessary to involve a judge.
- Litigation. When a couple is fighting bitterly and unable to reach agreements without help, issues may need to be resolved in court. Even a litigated divorce can be over with quickly, and it may be in one or both spouse's best interests to go to court rather than attempt an uncontested divorce. In many cases, attorneys are able to settle contested issues outside the courtroom.
- Mediation. A neutral third party consults with each spouse in a mediated divorce, helping them reach a resolution without a battle. This neutral party, who can be a certified mediator or an attorney with mediation experience, will sit with each spouse and facilitate a respectful discussion to come up with terms that both can agree upon. This option can cost a fraction of what a litigated divorce costs.
- Collaboration. Each spouse involves their own attorney, as well as child therapists, financial advisors and other professionals in a collaborated divorce. This type of divorce is beneficial when the divorcing couple can make reasonable decisions but need help with complex issues such as dividing business assets, alimony and child custody.

While the allure of an uncontested divorce can be strong, mediation or collaboration may not be best when domestic violence or substance abuse were issues during the marriage, or if one spouse feels intimidated by the other or that there is a definite power imbalance.

When to involve an attorney

Even if you've decided on an amicable divorce, it can be in your best interest to consult with an experienced divorce attorney. An attorney will be able to ensure your rights are protected, and can help to guide the divorce through to a smooth conclusion. If needed, your divorce attorney will be able to represent your interests if you decide to go to court.

Visit us at sanantoniodivorceattorney.net/

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