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What Is the Best Way to Settle Your Divorce?

Divorce Options: How to Settle Your Divorce Case

If you are getting divorced, you are likely trying to make the process go as quickly and painlessly as possible. In that vein, you and your soon-to-be-ex-partner may wish to settle rather than litigate your divorce case.

Litigation involves taking the divorce to court, where a judge will make the final decisions about issues like property division, child custody, and support. On the other hand, a settlement process, such as mediation or collaborative divorce, involves the divorcing parties negotiating the terms of their divorce, often with the help of professionals. The key benefit of this approach is that it usually results in less hostility, and it can be more cost-effective and quicker than going to court.

So, what is the best way to settle your divorce case? In this video, our managing partner, Robert Epstein, discusses the various options divorcing couples have when trying to settle their divorce case.

If you still have questions about how to settle your divorce, we discuss your options in further detail below. You can also reach out to our firm via phone at (972) 232-7673 to speak with a member of our team about your case-specific options.

Factors Influencing How You Settle Your Divorce

Several factors can influence the chosen method for settling a divorce, including:

  • Whether children are involved
  • The degree of conflict between the parties
  • The financial situation of the parties
  • The types of assets involved in the case
  • The willingness of each party to resolve the issues instead of going to court

In any scenario, the outcome regarding property division, alimony, child custody, and support will depend on the specifics of the case and the chosen resolution method. Each approach has its pros and cons, and the best choice depends on the individual circumstances.

Mediation

With the help of a neutral mediator, couples going through a divorce can find common ground and reach a mutually agreeable solution. Unlike a judge, the mediator doesn't make decisions but guides the negotiation process. Depending on the complexity of your case and each party’s willingness to negotiate, mediation can be completed within a few hours to a few weeks.

One significant benefit of mediation is its flexibility and focus on mutual agreement, which often results in less hostility. However, it may not be suitable if there's a history of domestic violence.

Imagine a scenario where a couple, John and Mary, have decided to divorce amicably. They agree on most issues but need help dividing their marital assets. Mediation would be an excellent choice for them, as they could work out a solution tailored precisely to their needs.

Informal Settlement Process | Attorney to Attorney Negotiations

The informal settlement process is a method where both parties and their attorneys work together outside of court to come to an agreement on all aspects of the divorce. This process allows for more flexibility and privacy throughout the divorce process.

If you're dealing with a straightforward divorce not involving minor children where both parties are amicable and agree on most issues, an informal settlement might be the best choice. You can also benefit from this settlement option if you feel you need a communication buffer between you and the other party.

Collaborative Divorce

Collaborative divorce is similar to the informal settlement process in that the process is more structured and involves more collaboration. Both spouses are usually present with their attorneys, along with a neutral financial professional and a neutral mental health professional, for who work together as a team in helping to resolve the divorce.

If your divorce involves complex or unique issues, a collaborative divorce may provide the structure and support you need. Consider a scenario where a high-net-worth couple, Jane and Jack, are divorcing.

They have complex financial matters to resolve, including multiple properties and businesses, along with unique issues relating to their children's needs. A collaborative divorce would be ideal for them, as they can leverage their attorneys' expertise, along with the expertise of the neutral financial professional and neutral mental health professional, to reach a resolution that is just and right and in the best interest of the children.

Discuss Your Options with Our Attorneys

At Epstein Family Law, our attorneys have extensive experience in handling divorce and divorce-related matters, including collaborative divorces and mediation. Should you be considering divorce, we are more than happy to discuss what your options are and represent you throughout the settlement process.

Call (972) 232-7673 to learn more about our services today!

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