Know the Four Types of Divorce

 Posted on November 03, 2015 in Divorce

When you have reached the point in your marriage where you know that it is over, you need to begin thinking about the right way to divorce. Most couples will have several options, depending upon their ability to communicate and cooperate with one another. The type of divorce you choose may also be affected by the complexity of your situation, including concerns for children, diverse business interests, or if you and your spouse enjoy a high net-worth. No matter which route you take, the end goal should be same: an equitable divorce judgment that allows each party to experience a positive post-divorce reality.

1. Do-It-Yourself Divorce

There is almost never a good reason to try to handle your divorce on your own, despite being technically possible. Many Internet resources offer advice on how to save money by representing yourself in the process of a simple divorce, but even the simplest of cases often have unexpected obstacles. What you think you are saving in the moment may end up costing you significantly, since, without an attorney, there is nobody to keep you from making an expensive mistake.

2. Litigated Divorce

At the other end of the spectrum, taking your divorce to court is an option. This is also not very preferable for most couples. A litigated divorce should be a last resort after other attempts at a resolution have failed. Litigation is time-consuming, expensive, and is based on the schedule and discretion of the court. Once your divorce reaches litigation, you are likely to lose a great deal of your control over the situation.

4. Mediated Divorce

Mediation is a form of alternative dispute resolution that can be used for just about any civil proceeding, including business disputes and contract negotiations. It can also be useful in the divorce process. During mediation, you and your spouse—with or without attorneys, as needed—meet with a neutral, third-party facilitator who can help steer the discussion toward an amicable agreement. In many cases, the mediator is also an attorney who can help identify potential legal concerns and ensure they are addressed in the process. Mediation is usually much more flexible than litigation, since the you can meet on a schedule that works best for you and the mediator.

4. Collaborative Divorce

As another form of alternative dispute resolution, collaborative divorce is a bit different from mediation, but is also less combative than litigation. In a collaborative divorce, you and your spouse each retain an attorney trained in the collaborative process, and generally assemble a team to work through the various concerns of your divorce. The team may include a financial planner or analyst, a child or parenting specialist, a real estate appraiser, and any other professional whose services would be beneficial in reaching an appropriate agreement. Together, you, your spouse, the attorneys, and your team will work toward finding the best possible resolution for your divorce.

If you would like to learn more about the divorce options available to you, contact an experienced Lombard family law attorney. The knowledgeable team at A. Traub & Associates is equipped to answer your questions and provide you the representation you need in all matters of divorce and family-related concerns. Call today to schedule an appointment and let us help you get the fresh start you deserve.