Divorces can cause significant conflict between divorcing spouses. Many people are not able to agree to divorce terms, so it has to be sorted out in the court system. In some cases, however, divorcing spouses prefer to settle matters themselves to avoid having to attend court hearings and trials.
California divorce attorney Bruce A. Mandel knows that there are many benefits to settling matters between spouses instead of leaving divorce terms for the courts to decide. When spouses cannot agree to divorce terms by themselves, they may still be able to avoid court hearings and trials when they can agree to divorce matters through mediation or collaborative divorce.
Reasons To Avoid Court In Divorce
Divorcing spouses will benefit in the following ways by agreeing to divorce terms without the court:
- Trial expense – Trials are expensive when it comes to court costs and legal fees. Couples can avoid the considerable costs associated with divorce litigation when they reach divorce agreements without a trial.
- Anxiety and other emotions – Divorcing spouses may be able to avoid the emotional toll of divorce litigation by reaching an agreement on divorce terms. Anxiety and stress often run high during divorce battles that go to trial.
- Time – Court proceedings in divorce matters can drag on for a very long time. Couples can typically secure a divorce much more quickly when the terms are agreed to ahead of time.
- Flexibility – When you let a court decide your divorce terms, you may lose any flexible, nontraditional arrangements that you may have been able to achieve under a divorce agreement.
Spouses can enter into divorce agreements to set forth the terms of their divorce and other related family law matters. The most difficult terms to negotiate in family law agreements are often property division, spousal support, child custody, and child support. When couples can reach an agreement on these terms, they can enter into agreements to avoid a lengthy and expensive court battle.
Mediation And Collaborative Divorce
Mediation and collaborative divorce are methods for couples to work towards reaching an agreement on divorce terms. In mediation, divorcing spouses work with their attorneys and an independent, third-party mediator to negotiate a divorce agreement. Mediators do not make divorce term decisions, but they do help in negotiations by talking through issues and offering suggestions.
Collaborative divorces are different in that there is no neutral third party to help work through issues. Divorcing spouses and their respective attorneys work together to come up with divorce terms to which both parties will agree. Collaborative divorce is a process of spouses meeting individually with their attorneys and then meeting all together to navigate the unsettled issues.
Divorce Without The Court
At the Law Offices of Bruce A. Mandel, we understand that finalizing a divorce without having to go to court is a priority for some people, and we can help. If you and your spouse are willing to negotiate the terms of your divorce without court intervention, you may be able to save the time and expense of going through divorce litigation.