The most difficult phase of marriage is divorce. Nobody sees it coming at the time of their marriage. However, once it comes, couples become emotionally and financially stressed. If you did not establish a prenuptial agreement with your spouse, your assets may be up for grabs. This is not an ideal situation for anyone involved. However, you may be able to minimize the financial and emotional impact of your divorce by considering some alternative methods of divorce. If this sounds like something that may work for you, here are some of the questions you may have:
What is the litigation process?
The litigation process is something most couples fear, and rightfully so. If you and your spouse cannot agree on the terms of your divorce, you may end up in the litigation process. This is when you and your spouse state each of your terms for divorce in a courtroom setting, and either a judge or a jury will come to a decision. This process is very often both more expensive and more emotionally draining, and both you and your spouse will rarely be happy with its outcome. This is why you may wish to consider arbitration or mediation.
What is arbitration?
If you wish to avoid the litigation process, you may consider hiring an arbitrator, or arbitrator(s). Generally, both you and your spouse will hire one or more arbitrators who will assume the role of a privately-paid judge. Usually, both you and your spouse will each select one unbiased, neutral arbitrator. From there, the two arbitrators will select a third unbiased arbitrator. Once appointed, the arbitrators will listen to you and your husband’s terms for divorce, and will then decide on your terms with a vote. While you may not get everything you want, the goal is to achieve fairer results where you have more of a voice than in a courtroom setting.
What is the mediation process like?
Essentially, if you hire a divorce mediator, the end goal is basically the same as hiring divorce arbitrators. However, the mediation process generally only involves one mediator. Basically, you, your spouse and your unbiased mediator will sit together in a calm, neutral setting. He or she will listen to both you and your spouse, and from there try to facilitate an open, civil conversation. If all goes as planned, you and your spouse will have made a successful compromise in a far less tense setting. This process should not only save you time and money, but it should also save both you and your children from some of the emotional stress that often comes along with the litigation process.
Contact our New Jersey firm
Matters of divorce and family law require the attention and skill of an experienced attorney who will fight for your future. If you need a divorce and family law attorney in Ocean County, New Jersey, contact the Law Office of Sarina Gianna, LLC today to schedule a consultation.