Divorce Options

Legal Separation

        Description:

• Separated by law, but not yet divorced

        Best Used For:

• Couple does not want to finalize divorce
• Religious or other reasons
• Can have child support, maintenance, and property settlement

        Advantages

• Gives children and spouse time to adjust
• Gives couple time to settle property
• May retain health insurance

        Disadvantages

• May prolong process
• May be more expensive
• "New life" may not be possible

Pro-Se

        Description:

• Divorces filed without the assistance of an attorney, sometimes by purchase of divorce kits. Spouses can complete them, and pay the filing fee.

        Best Used For:

• Couples with few disputes
• Couples with few assets – and those easily divisible
• Childless couples

        Advantages:

• Inexpensive
• Fairly quick

        Disadvantages:

• May make legal mistakes
• May make financial errors calculating maintenance or division of property & debt llocation
• Don’t have anyone on your side, attorney or financial planner.

Mediation

        Description:

• Couple uses a mediator to help voluntarily settle disputes over issues. Mediator may help draw up paperwork
• Mediator may or may not be an attorney

        Best Used For:

• Couples who have issues to settle, but nothing that has to go to court

        Advantages:

• Can be less expensive than traditional method
• Neutral third party, experienced in mediation
• Less adversarial

        Disadvantages:

• No one completely "on your side"
• Not appropriate if spouse becomes difficult
• May need to resort to traditional divorce
• Either party (or both) may decide to retain attorney
• Even if mediator is an attorney, each may need review of paperwork by separate attorney (QDROs, etc.)

Single Attorney for couple

        Description:

• Couple retains a single attorney to file for divorce for both.
• All paperwork completed and filed by attorney

        Best Used For:

• Reasonable, amicable divorces

       Advantages:

• Less expensive than 2 attorneys
• Less adversarial
• Can be a fairly quick process

       Disadvantages:

• One party has attorney, the other does not
• Not appropriate if spouse becomes difficult

Traditional

        Description:

• Each side has an attorney
• May or may not be adversarial
• Includes Requests for information, required status conferences and negotiating

          Best Used For:

• Situations where spouse is difficult, non-cooperative

        Advantages:

• Someone completely on your side
• Expert confidential legal advice
• Most comfortable, and conservative approach

        Disadvantages:

• Can be adversarial
• Can be expensive
• Is not always a cooperative experience
• May become a longer process

Collaborative

        Description:

• A fairly new approach to divorce.
• Each side has attorney
• Each side has access to specialists (therapists, divorce planners, etc.)
• All professionals have been trained in collaborative process
• All agree to collaboration and working together to resolve issues
• If this fails, the attorneys drop out, and the spouses retain other counsel – and may go to the traditional divorce method or other method

        Best Used For:

• Couples with significant assets, and disputes, but who are willing to go through mediation-type process divorce

        Advantages:

• May be less expensive than a traditional contested
• May be more productive
• Each party has a person looking out for their best interests

• Couples need sufficient funds to cover expenses
• Can be a slow process
• If the couple decides to litigate, each must find a new attorney and new specialists