Divorce can be a very stressful time, and even couples with the best intentions could end up in disagreements regarding the many issues to resolve. The most common issues that cause arguments in a divorce are those that involve finances or children. When the divorce is stalled because of the inability to come to an agreement there are some divorce resolution options available that could still allow you to avoid trial. An experienced divorce attorney will guide you through the entire divorce process and help work through your divorce resolution options.
Negotiation is usually the first option to consider when working through a difficult area of the divorce. When spouses are not able to communicate with each other, they can work through their attorneys to resolve the problems. Experienced divorce lawyers know how to handle difficult situations and can often prevent matters from getting out of hand. Because they are experienced and have been a part of many other settlements or trial, they can provide insight on what outcomes may be likely and that can help negotiations towards resolution.
Mediation is a good choice for those whose problems cannot be easily solved. Mediators are professionally trained, objective parties who facilitate resolution of specific issues in a divorce. The goal of the mediator is to assist couples to compromise on matters that have stalled the divorce process.
Although usually associated with other types of litigation, arbitration is another option for divorcing couples. Similar to mediation, arbitration utilizes an impartial third party to assist in resolving problems. Arbitration is somewhat like a trial and the decision is typically final. Arbitration can be costly, but it is often very successful in achieving rapid results because you can potentially have the matter decided more quickly than if you were to wait for a judge to be available.
One of the most important concepts to understand in a divorce is that, generally, both parties are entitled to an equal (equitable) settlement. In order to accomplish this, spouses must be realistic about the distribution of property and other matters. Not everyone will be happy about everything. Parties need to remove their emotions from the equation so they can look at the divorce terms with fairness. Your divorce lawyer will guide you through any uncharted waters so you can achieve the best possible results.
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Divorce Resolution Options, or any other family law issue, please feel free to contact Steven H. Everts at 480.461.5300, log on to udallshumway.com, or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.