When we think of divorce proceedings, we typically think of celebrity battles or Judge Judy-esque courtroom. However, some divorces look nothing like this. Some divorcing couples never meet with judges to figure out their divorce. This article discusses the different types of divorce proceedings you may have when it’s time to untie the marital knot.
In a mediation scenario, the divorcing couple will meet with a third-party facilitator, such as an experienced family law attorney, to solve the plaint points of the dissolution. The moderator’s role is to help the couple work out divorce-related conflict and disagreements. Moreover, the mediator has the job of drafting a legal contract that delineates the compromises the parties have made during the mediation process.
It is important to note that the mediation process is non-binding. This means that the contract is not finalized until approved by a judge. As such, this type of divorce is arguably the most flexible type of divorce.
If a divorcing couple has vastly different views of how the divorce should proceed, but they want to avoid a trial divorce, they should use a collaborative approach. A collaborative divorce proceeding involves each party hiring a family law attorney to represent their side of the divorce. Instead of a judge having the final word, the divorcing couple will sign a participation agreement that will hash out their problems to reach a consensus. If they can’t reach an agreement, the process is terminated and they will have to resort to a traditional divorce proceeding.
A traditional divorce is just as it sounds – a courtroom divorce where a judge presides over the case and determines the outcome. In this type of proceeding, each party will get to argue their case to the judge, who will in turn decide the who gets what. In traditional divorces, the proceedings will be public record and neither spouse will have the final say. This type of divorce is generally the costliest and often the longest proceedings.
In order to determine what type of divorce proceeding best fits your needs, it is in your best interest to consult with a Central Valley attorney to evaluate the facts of your case and guide you as to your options.
Call an Experienced Central Valley Divorce Attorney
If you are involved in a divorce proceeding or planning to file for divorce, it is in your best interest to consult with an experienced family law attorney to help you learn your legal rights and options with respect to the division of your assets.
For more information or to schedule a complimentary consultation with Central Valley family law attorney Gurjit Srai, please call 209-323-5558, or complete our online form.