Divorce and Family Law
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July 9th, 2007

"Divorce Options for Americans"

The cold fact that half of all marriages taking place in the U.S. today will end in divorce has many people wondering whether these millions of divorcing Americans are all taking the same route back to singlehood. In contrast to the days when the only option for getting a divorce was for spouses to get their own attorneys and then litigate, today there are more alternatives — at least within the limits of a couple's circumstances.

Divorce Online

For example, for people who've been married a relatively short time (say, under two years) and who have no children together, an Internet divorce service may be all that is needed. If the spouses agree on the division of property, there may be just a few forms to download, fill out, and return to the appropriate court (maybe even filed electronically) to wrap up a valid divorce. The cost can be as low as $30 in some states.

Most states accept these divorce filings in part because it helps reduce the overloaded family law court dockets that exist across the U.S. When the dissolution of a marriage can be done without a lot of involvement on the part of a judge, it helps free up the time of the judge for handling more complex cases — especially those with contested child custody issues.

Mediation

The Internet-based bare-bones divorce is appropriate for some dissolutions, but it's an alternative only for spouses who are in complete agreement about all aspects of their parting. When there is any disagreement or even confusion, or if there are children to consider, the involvement of attorneys or a mediator of some kind is usually advisable.

Mediation is now available essentially everywhere in the U.S., and it's an option that can save a divorcing couple thousands of dollars compared to the litigation route. In a mediated divorce, the mediator is like a referee who helps the spouses come to a divorce agreement with which they can both live comfortably. The focus is on reaching a compromise, not on "winning" while the other spouse "loses." The mediator, who has special family law and negotiation training, helps bring about a resolution of all conflicts regarding children, property and finances.

A mediated divorce can take place much more quickly than one that must wait for its day in court. A finalized document that describes the divorce agreement in full detail is prepared. It's advisable for each of the spouses to have their own lawyer review this document to make sure that their rights and interests are protected. This is the only part a lawyer plays in a mediated divorce.

The cost of a mediated divorce is much lower — roughly in the thousands of dollars — compared to the tens of thousands of dollars that would be spent on a litigated, contested divorce.

Collaborative Divorce

A new alternative that is neither mediation nor the traditional divorce litigation is called "collaborative law." In a collaborative divorce, the spouses each have their own attorney to advise them regarding their rights and interests. These attorneys are trained in the field of collaborative divorce. The parties may not agree on all issues, and it is the job of the attorneys to help hammer out an agreement.

The emphasis is on cooperation and compromise, not combat. The culmination of a collaborative divorce is a written agreement that settles the divorce without litigation. Often, a collaborative divorce can be wrapped up in as few as four meetings. If the parties cannot reach a complete agreement, their attorneys must resign from the case and the spouses have to get new attorneys. The total price tag, which varies widely with the complexity of the case and the geographic area's costs, is in the range of $10,000 to $15,000.

Attorneys and Divorce Litigation

If a husband and wife really cannot come to agreement about one or more issue, a traditional contested divorce with lawyers may be unavoidable. Unfortunately, the cost of a litigated divorce in which both parties are sparring for the upper hand through their attorneys can easily reach $75,000. In many large cities, the hourly rate for experienced divorce attorneys is as much as $500 and more, and the hours add up quickly when there are custody, property or financial issues to work out.

Perhaps understandably, it's estimated that more than 95% of all divorce cases in the U.S. end up being settled out of court.

(source: ABC News online)

Do you have questions about divorce, mediation, or collaborative law? Contact an experienced family law attorney today and get started on the dissolution of your marriage.