Top 5 Ways to Keep Your Divorce Out of Court

Are you facing a divorce and you’re concerned about the way it will impact your life or your children? Nobody can blame you for hoping to make your split as amicable and peaceful as possible. The inside of a courtroom isn’t necessarily the best environment when it comes to deciding what the future should hold.

Would you like to move away from the concept of fighting in court and toward the idea of working together to reach a peaceful agreement? There are some resources available if you would like to avoid court and pursue another avenue. In fact, there are five main options for couples looking to keep a divorce outside of the courtroom.

Approach Your Separation with Respect, Dignity and a Willingness to Separate Amicably

photo of a separated couple working through their divorce amicably with the help of a divorce lawyer experienced in helping couples resolve their issues without going to court

With the help of an experienced divorce lawyer and the willingness to separate amicably, the separation process can be a much smoother scenario with less fighting and less cost.

There are several factors that can help to create a peaceful situation where both adults and children can thrive in the face of a separation. Of course, both parties must be willing to come to the table in a spirit of cooperation. Communication is a top asset when trying to arrive at an amicable resolution regarding asset division, custody and other matters. Good communication between you and your ex-spouse can also help to minimize the impact of a divorce on children.

Here are the factors that foster effective communication:

  • Both parties should be willing to speak openly, honestly and respectfully.
  • Both parties should understand that the needs, interests and concerns of all parties involved must be considered.
  • Both parties should come to the table with the intention of avoiding court and resist the temptation to use court as a threat.

Proper communication is the first step to moving forward with creative, peaceful resolutions. It will become apparent early on whether or not both parties are truly on the same page when it comes to keeping things out of court. However, it is important to be prepared for the fact that court could be inevitable if a couple is unable to resolve issues on their own or if one party is uncooperative.

Understand the True Cost of Going to Court

There are many emotional, financial and interpersonal benefits to keeping a divorce out of court. The fact of the matter is that a divorce can cost tens of thousands of dollars if things get messy. This represents a great loss of money that could be used for things like education, clothing, food, rent, vacations and other life expenses. A divorce that drags out in court for years can take a big financial and emotional toll on everyone involved.

Many people assume that a court decision will automatically be fair and even. However, you may discover that you are left very unsatisfied with what is decided by a judge. The reality is that the future of your family is essentially placed in the hands of a judge who does not know anything about you or your children.  Judges certainly work hard to create the best scenario for everyone involved and put the needs of children first. However, it is impossible for a judge to get a full picture and create a perfect solution that meets the needs of everyone involved. You may end up with a resolution neither party is truly happy about when all is said and done. That’s why many people are happier when they find ways to stay out of court and focus on resolving issues on their own terms.

What Can Be Done?

The reality is that you give up a great deal of control when you bring your divorce case to court. A judge you’ve never met will be deciding your future and creating legally binding rulings regarding how your family life will go for the foreseeable future. The only way to keep total control is to keep it out of court. Of course, this can be difficult when emotions are running high and disagreements are in the mix. It is worth the effort to try to reach a separation agreement privately with your spouse or partner and file an uncontested divorce.

Understand That You Need to Focus on the Future

Most people understand that the end of a relationship can be very stressful and emotionally charged. However, it is so important to come to the table in a mindset that’s prepared to move forward. Nobody has a time machine that allows us to go back and undo what has been done. However, we can create a happier and smoother future if we focus on taking effective steps for ending one chapter and beginning another.

Recognize When You Need Assistance

The good news is that you don’t have to navigate the waters of an out-of-court divorce on your own. Avoiding court doesn’t mean you have to forfeit the use of legal representation or skilled mediators. In fact, having legal assistance can actually help to ensure that you can fully resolve the issues and stay out of court. A divorce lawyer can help you focus on specific issues that need to be resolved and provide recommendations that reduce conflict. Here are the three main options that are on the table if you wish to avoid court:

  • Mediation
  • Arbitration
  • Judicial dispute resolution

Each of these options allows you to take a hands-on approach to deciding what should happen next. What’s more, they can often help people to avoid the ugliness that happens once court enters the picture. Even people who start off on amicable terms can often feel like they are being pitted against their former partners once the court situation heats up.

People With Children Should Focus on Solutions That Disrupt Their Lives as Little as Possible

There is no denying that a divorce is going to cause a significant change in the life of a child. It is the job of the parents to create as little turbulence as possible. A parenting plan during and following a divorce needs to be focused on putting the physical, psychological and emotional needs of children first always. It is important to avoid the temptation to involve children in any decisions that need to be made. Great care should be taken to recognize and encourage relationships with both parents.

Get More Information on How You Can Keep Your Divorce Out of Court

Do you want to explore options for organizing a peaceful divorce with help from a divorce lawyer in Edmonton? Our law office can help with alternatives like mediation, arbitration and judicial dispute resolution. We’ll show you how you can avoid court without necessarily giving up your right to the representation that will help to protect your best interests. You can rest assured that our compassionate legal team will give your case the respect and sensitivity it deserves.

Contact us online, or by phone at (780) 462-4321 today to learn more and book a FREE initial consultation.

photo of two people standing at signs deciding on whether to go to court or mediation to resolve their marriage.

We Can Help You Achieve an Out-of-Court Divorce

Contact the family lawyers at Capital City Law in Edmonton for help resolving your separation.  We have experience helping couples stay out of the courtroom if they choose to work amicably together through the process.  Contact us for more information on how we can help.

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