Alternatives to Attending Court During Divorce

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  • The Law Offices of Ryan S. Dougay
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  • January 17, 2019

Alternatives to Attending Court During Divorce

Divorce Attorney Austin, TX

Going to court over a divorce can be time-consuming, inconvenient, expensive and tiresome for most people. Divorce can be a tedious and prolonged process that may take several months, up to a year or longer before finalization. Those who are looking for alternatives to resolving divorce terms besides attending court, can turn to an attorney for guidance. Trying mediation or collaborative divorce can be useful in preventing a judge from determining the solution for your disputes instead. However, keep in mind that there may be situations where it is not safe to talk to your spouse directly.

Here in the article below, we have gone into further detail about mediation, collaborative divorce, and when you may not want to try to be so cordial with your spouse along the way:  

How Mediation Can Help

Many people imagine divorce being handled through the court system. While during some steps this may be needed, there are other ways to resolve disputes for the divorce settlement. Mediation can be a beneficial resource for spouses who are able to set most of their hard feelings aside to talk face-to face. A huge motivator for spouses to attend mediation is that it can save them both time and money in legal fees.

Mediation is where a third party helps the couple negotiate the terms of their divorce. Mediators may suggest that each spouse talks with an attorney so they feel prepared for such deliberations. An attorney is not likely to go with you to the mediation session, but can get you organized and answer questions beforehand so you can walk in feeling confident.

Collaborative Divorce

Collaborative divorce can occur when all parties involved agree to resolve the divorce case without attending court. If both spouses want a collaborative divorce, then a team of professionals are assembled to help the process run more smoothly. These professionals may be therapists, divorce coaches, child specialists, or unbiased accountants. But, collaborative divorce is only possible if both spouses want to cooperate and communicate effectively. If one spouse is amicable while the other is hostile and resists the process, then this approach is probably not going to be successful.

Instances Where Harmonious Divorce Is Not Possible

Let’s face it, not many spouses are able to divorce harmoniously due to the range of intense emotions that can accompany splitting up. There may be instances where trying to work together through mediation or collaboration is not possible or safe. A divorce attorney Austin, TX trusts at The Law Offices of Ryan S. Dougay may suggest that you refrain from talk directly to your spouse if he or she was abusive to you and/or your children during the marriage. If you filed for divorce for this reason, your spouse may be even more hostile and try to harm you. An attorney can help you file a protective order if needed, so you and your family are not put at-risk.