Let’s face it. No one wants to appear in court, not even for a divorce. It’s stressful and humiliating for both parties involved, no matter the circumstances of the divorce. Since it is a matter that is open to the public, you run the risk of neighbors, friends, or other nosy people attending court just to witness you and your spouse’s demise.
While your case may not be a high-profile one like Kanye and Kim Kardashian, you still may not want others involved in your private matters. The best way to keep the paparazzi or other prying eyes and ears out of your divorce is to keep it out of court. How do you do it?
Here are three ways a divorce attorney can help you avoid the courtroom.
Pursue an Uncontested Divorce
One surefire way to keep your divorce discreet and out of the courtroom is to pursue an uncontested divorce. Unfortunately, this option is not always easy, particularly if you have a combative spouse. This option is ideal for both parties who want to call it quits and avoid unnecessarily dragging out the divorce.
To get started with an uncontested divorce, you or your spouse will need to negotiate and finalize a Marital Settlement Agreement (MSA). This document covers all the details regarding property and debt, child custody and visitation, and child and spousal support.
You can reach this agreement on your own, however it’s best to hire a divorce attorney This method avoids lengthy litigation, expensive discovery, and trial.
Choose Divorce Mediation
Another way to keep your divorce out of court is by pursuing divorce mediation. This is an ideal option because it provides an empowering way to get a divorce. This form of divorce works by acquiring a third-party mediator, who is a divorce attorney or retired judge.
This individual is only responsible for helping both parties reach common ground on various matters, not for issuing a judgment or deciding anything in the divorce. The outcome for this type of divorce is similar to that of an uncontested divorce, resulting in an MSA that both parties can agree upon.
Try Binding Arbitration
If these previous methods for keeping your divorce out of court don’t work because you can’t reach an amicable solution, binding arbitration may be the way to go. A neutral arbitrator, who is typically a retired judge or an experienced attorney, will allow both sides to present their arguments. The arbitrator will act like a judge in a private setting similar to a trial.
The difference between this and other previously mentioned options is that both parties agree upfront to accept the arbitrator’s decision, which is legally binding. The arbitrator’s “award” will be a court order enforceable by both parties. While this procedure will feel like a court proceeding, both parties will avoid a public trial and the high costs of taking the divorce to trial.
Other Tips for Keeping a Divorce out of Court
Handle the Divorce Like a Pro
The more you can keep your emotions out of the divorce proceedings and focus on the business side of divorce, the easier the proceedings will be. If both parties have a plan for dividing the property, valuables, and other essentials associated with divorce, the process will be smoother and less costly.
Be Prepared to Compromise
Coming to the table ready to compromise is another excellent way to avoid a court battle in your divorce. While you may not be able to get everything you want in the divorce, if you keep an open mind, it will help keep the case from going to trial.
Be Organized
Being organized can’t be emphasized enough. Having financial documents and other critical information ready for the mediator or arbitrator can help move things along much more quickly.
Get Trusted Michigan Divorce Guidance
Facing a divorce in Michigan? Our Jackson-based divorce and family law attorneys provide clear advice on your options, whether that means negotiating a settlement or preparing for trial. We’ll guide you with skill and compassion, working to keep the process as efficient and manageable as possible so you can move forward with confidence. Call Rappleye & Rappleye, P.C. today to schedule your free consultation.