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Want to avoid a divorce trial? Try an alternative option

On Behalf of | Aug 31, 2017 | Divorce, Spousal Maintenance

The idea of going through the divorce process is painful enough without also having to worry about any potential tension and conflict between you and your soon-to-be ex-spouse. Perhaps you will have some heated squabbles about who will get to keep the furniture, or maybe you will not see eye to eye on how to address alimony.

In some divorce cases in Minnesota, couples simply cannot agree on many of the aspects involved and they end up relying on judges to address their divorce issues for them. However, this does not have to be you and your spouse’s situation. Alternative dispute resolution may be helpful for getting through the divorce process as peacefully as possible.

Alternative dispute resolution

Not every divorce has to go to court. You and your spouse may choose to resolve your issues in a private, candid and cooperate manner through informal negotiations. Two alternative dispute resolution processes include collaborative divorce and mediation. These processes can be used to resolve disputes concerning child support, property division and child custody. However, the success of such a process depends on multiple factors, including the following:

  • How willing you and your future ex are to resolve your issues
  • How much you both are in disagreement regarding key issues

A potential calm and fair means of dividing the marital property

One of the most contentious aspects of divorce is property division. Through alternative dispute resolution, you and your spouse can work on coming to an agreement on how to divide assets such as money in the savings account as well as 401(k) savings. You can also discuss how you wish to handle the marital home, which may include having one spouse keep the home and buy out the other spouse, or both spouses could agree to simply sell the house and split the proceeds.

Why go another route instead of a more traditional divorce?

Alternative dispute resolution processes are typically less adversarial compared with the court setting. These processes are also more casual and encourage facilitating an early settlement. The benefit of these options is that you can play a very active role in making major decisions related to your marital split-up, rather than having a court make these decisions for you.

If you are currently considering or facing a divorce from your partner, an experienced family law attorney can thoroughly evaluate your circumstances to determine which (if any) form of alternative dispute resolution would be in your future best interests.

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