If you and your spouse are no longer able to make your marriage work and a divorce is underway, you might be wondering if you will have to appear in court to successfully dissolve your marriage. If you and your spouse are on the same page regarding certain key issues, you will be able to avoid going to court rather easily and will only need your own respective attorneys to ensure your interests are protected and you are not unknowingly making any mistakes that could potentially harm you. However, more often than not, spouses have a difficult time seeing eye-to-eye on these matters. After all, you might not be getting a divorce if you were able to agree on most things. That said, this does not mean you will have to go to court.
There are other methods to obtaining a divorce that will keep you and your spouse out of court, such as mediation or collaborative divorce.
Through the process of mediation, a neutral third party (mediator) would assist you and your spouse reach a settlement agreement both parties can accept. He or she will not advocate on either spouse’s behalf, but rather help both spouses talk through their issues and help facilitate civil negotiations. Both you and your spouse can still have an attorney present to advise you on whether or not an agreement is fair.
An additional benefit of going through mediation is that the details of your divorce will remain private, whereas divorce litigation will not afford you and your family any privacy. In some cases, it is also possible for spouses to only agree on a few issues, leaving the rest to be settled in court.
Another approach to staying out of court is collaborative divorce, wherein you and your spouse negotiate an agreement with professional help. In a collaborative divorce, you and your spouse would hire your own respective collaborative attorneys and they will each advise and assist you throughout negotiations. You will also meet separately with your attorney and, in some cases, they might bring in experts such as child custody specialists or accountants to help settle more complex issues without having to appear in court before a judge.
However, as is the case with mediation, if you ultimately cannot reach an agreement, you will have to attend court to complete your divorce. For a collaborative divorce or mediation to work, both spouses need to be open to the idea of compromising. If you have children, consider this an exercise in learning to work together since you will have to continue your relationship as co-parents.
Family Law Attorney in Louisville
If you and your spouse are getting a divorce, but wish to stay out of court, the family law team at Louis P. Winner in Louisville can help you dissolve your marriage through the process of mediation or collaborative divorce. Our team is dedicated to providing a personalized and tailored approach for every client we represent to ensure their specific needs are addressed. You should not have to go through this difficult experience on your own.
For the knowledgeable and compassionate experience you deserve, contact us at (502) 812-1889 to schedule a consultation.