Alternatives To An Expensive Court Divorce

Legal issues are expensive. Divorce is no different. Divorce costs can increase or decrease depending on a variety of circumstances. In many ways, a fault-based divorce trial is similar to a civil case.

Both parties are accused, and both must defend themselves in court. They may present facts, witnesses, records, and additional material. Every charge must be refuted, and the other party must present supporting data to prove the allegations false.

Expensive Court Divorce Alternatives 

An expensive divorce focusing on fault results from all this activity, and the cost rises for both parties. Both attorneys must carry out investigations and gather proof for each new allegation.

These claims must then be defended in court, increasing the cost. It should be evident at this point that spending time in court ranks as one of the most significant expenses associated with divorce. Fortunately, the law permits couples to avoid altogether going to court.

Here are a few alternatives to going to court to resolve your divorce.

1 . Collaborative Divorce: 

Both parties collaborate during a collaborative divorce. Each spouse engages their attorney specializing in family law, whom they meet with to discuss their concerns and demands. Then, everyone gets together to discuss the specifics. The procedure is cordial, and it aims to satisfy everyone’s needs. Since they all work towards the same objective, attorneys may suggest one another.

Additionally, you can involve other experts in the discussion. You may consult financial consultants, psychiatrists, child specialists, and more to assist with negotiations. A collaborative divorce is probably one of the most expensive alternatives to a divorce where the court is not involved. You are responsible for hiring at least two attorneys and any additional consultants you employ.

2 . Mediation:

Divorce mediation involves fewer parties than a collaborative divorce. In mediation, you appoint an attorney practicing family law to represent you during negotiations. The objective is to encourage the partners to collaborate and create their own divorce decrees.

Specialized therapy that promotes conversational flow and temper control should be provided to mediators. A collaborative divorce is significantly more expensive than mediation. It just involves recruiting a single person who primarily works solely during meetings. However, Couples won’t profit the same way they would from a collaborative divorce.

3 . Independent Action:

Ultimately, you and your spouse must meet, negotiate, and finalize all divorce arrangements. There are no restrictions. You can decide together if a choice needs to be made. Your agreements can then be put in writing and presented to the courts.

This alternative is free, except for certain filing fees. However, it is only a preferable alternative if you and your partner are capable, intelligent legal experts. You might miss out on something crucial without the needed expertise.

Family law’s definition and application

Family law is a specific area of civil law that handles legal matters relating to adoption, child custody, marriage, and other familial ties. It offers a legal framework to control inter-family relations and resolve conflicts that might occur.

Divorce and Matrimony

The legal facets of marriage, such as their formation, dissolution, and annulment, are governed by family law. It lists the prerequisites for a legal marriage, including maturity, consent, and capacity. It also talks about the rights and responsibilities that come with marriage, like property split, alimony, and spousal support.

Child Support and Custody

One of the most controversial issues in family court matters is frequently child custody. Decisions must be taken regarding the custody and raising of the children when parents separate or divorce. Guidelines for deciding on child custody and visiting schedules are provided by family law. The best interests of the kid are given first priority by the courts, who take into account things like parental ability, the child’s choices (if they are old enough to have them) and the stability of relationships.

Contraception and Adoption

Adoption and surrogacy legal procedures are also covered by family law. A permanent parent-child relationship can be created by adoption, a legal process that unites people who are not biologically related. It accords the adoptive parents the same obligations and rights as natural parents. The adoption procedure is governed by family law, which also specifies the qualifications of potential adoptive parents, the agreement of biological parents, and home studies to determine whether the adoptive household is suitable.

Protective Orders and Domestic Violence

In order to handle domestic violence and safeguard victims from harm, family law is essential. It offers legal redress and protection orders to protect people who suffer sexual, emotional, or physical abuse in the family. Restraining orders and injunctions, commonly referred to as protection orders, give the victim a sense of safety and security by preventing the abuser from getting in touch with or approaching them.

Final Thoughts

Everyone involved in a divorce goes through a stressful time. One strategy for alleviating the strain of divorce is to hire an attorney specializing in family law to help through the process. Although the lawyer will need to interview you on the matter, they will also handle all the paperwork, giving you more time to look after yourself and your family members.

Attorney Michelle Perkins is well known for her practice in the areas of family law, estate planning, and probate, including representing generations of clients whose families have been represented by the firm since Mr. Owens arrived in Arizona back in 1967. Ms. Perkins’ professional organizations include the Arizona Chapter of the Entrepreneurs’ Organization, an organization dedicated to transforming the lives of entrepreneurs who transform the world of business, and Successful Women Owners Network (“SWON”), recognizing women who embody innovation, growth, community service and lifetime achievement.