Deciding to end your marriage may have come more easily to both you and your spouse than you would have imagined years ago. However, over time, you may have both come to realize that you do not make each other as happy as you had hoped or that you simply have different goals in life that you cannot achieve together. Now, you are both willing to move forward amicably to end your marriage.
Taking a civil approach to divorce can save time and money and help avoid emotional distress and many other unnecessarily difficult aspects of this process. Additionally, you may be able to take advantage of an alternative dispute resolution method that could keep your case out of New York courtrooms and allow you to make this transition more quickly.
What is ADR?
Alternative dispute resolution refers to options that allow individuals to work through a particular issue without having to go through courtroom litigation. However, that does not mean that you do not need an attorney or that you and your soon-to-be ex-spouse can avoid legalities altogether. It is important to remember that the success of ADR hinges on whether the two of you can work together to compromise on important issues, including the following:
- Child support
- Property division
- Child custody
If you and your spouse have discussed these issues and do not seem far apart on what you want, ADR may be a viable option for your case.
Which type is right for you?
Multiple ADR options exist, including mediation and collaborative divorce. Mediation would allow you to work with an unbiased third party to try to find a middle ground on the issues about which you and your spouse do not agree. Typically, the mediator meets with one party and his or her legal counsel and then the other party, allowing the negotiations to move through the third party in hopes of keeping matters on track.
Collaborative divorce does not always involve an unbiased third party but still focuses on getting through the process quickly and efficiently through negotiation and compromise. Rather than a mediator meeting with each side separately, both parties and their legal counsel meet together to work on negotiating to reach terms of agreement.
Saving your sanity
Divorce can be difficult and time-consuming even under the best of circumstances. However, choosing an alternative dispute resolution method may help avoid stressful courtroom appearances, allow you to feel more comfortable with the outcomes reached, save you time and money, and generally lower the stress involved with ending your marriage.