Just because you’re getting a divorce, it doesn’t mean that you and your spouse have to become bitter enemies. Couples in Nevada who can go their separate ways with a minimum of rancor often do better in moving on with their lives. An amicable split-up also often results in a fairer and more equitable divorce settlement.
About half of all marriages in the United States end in divorce. Second and third marriages run a particularly high risk of ending in divorce. Divorce does not have to mean years of acrimony and ill-feeling, however. By working with non-confrontational types of divorce proceedings, many couples can minimize the trauma of a divorce and even go on to have productive friendships in the years ahead.
Divorce court can pit spouses against one another, exacerbating emotions that may already be unpleasant and intense. Fortunately, there are a few alternatives to Nevada divorce court that couples here can avail themselves of to minimize conflict.
Mediation, Collaborative Divorce, Arbitration
Divorce mediation is an increasingly popular divorce option. In divorce mediation, a mediator works with the divorcing couple to come to a mutually acceptable arrangement for property division, child custody, and other issues. The mediation typically goes through the following process
- Introduction
- Information gathering
- Framing
- Negotiation
- Conclusion
Many couples prefer the mediation process because it is less adversarial than a formal divorce proceeding in court.
A collaborative divorce is a divorce proceeding in which you and your spouse each hire an attorney, and the attorneys work together to negotiate a settlement. In this proceeding, you, your spouse and your attorneys will sign a no court agreement stipulating that you will work together to reach an agreement without going to court. If you and your spouse are unable to reach an agreement, you will have to hire new attorneys and start over again.
Arbitration or private judging are other options for divorcing spouses. In arbitration or private judging, a hired judge will make decisions regarding property division, child custody, and other issues, and make recommendations. In private judging, a court must ratify these decisions. In arbitration, the decision is binding. Arbitration can be helpful for couples who have difficulty in coming to an agreement themselves, and who need a little extra nudge.
Why Choose Divorce Alternatives?
Choosing an alternative to divorce court can benefit couples in many ways. It’s often less expensive than going to trial, it can be easier on any children involved, it can result in a better post-marriage relationship, and it can be faster than waiting months for a court date. When considering divorce, it’s worthwhile to give these options some consideration, as they may prove a better option for you and your family.
The McFarling, Cohen, Fic & Squires offers Nevada residents caring and experienced representation in divorce and family law cases. Emily McFarling is an experienced Las Vegas divorce attorney who is a Board Certified Family Law Specialist and a recipient of the Pre-eminent AV Rating. To schedule a consultation, call 702-565-4335.