Due to the coronavirus pandemic, we’re all currently living in unprecedented times. The COVID-19 virus has pressed pause on trials and hearings across the country.
While this may have initially delayed your divorce or family law case, it doesn’t have to continue.
Many may have believed going to trial was their only option, but some alternatives should be considered for all parties involved.
The best part is that all of these can be achieved virtually, and both parties can continue to safely social distance at home.
When Should I Go To Trial?
Under normal circumstances, choosing the route of litigation is often costly and time-consuming. At best, your divorce may take a few months, and at worst it could take years.
With the pandemic raging around us, countless trials have been put on hold, and many more will be added once the pandemic has ended.
If you’ve litigation as an option, each party can present their case to the judge. You’ll need to share all the details of your life, such as finances, property, and discuss the children.
The judge will rule on matters such as child support, custody of your children, and any other relevant decisions that will be made. While divorce is never an easy matter, other options can be more beneficial to your family and make the process easier for all involved.
If a couple wishes to avoid airing it all in court, perhaps a settlement may be the alternative they need. During a settlement, the couple will negotiate the terms they will both agree to in the divorce.
The attorneys involved will help to facilitate the issues of the case to have discussions where you both agree on the outcome. This discussion will happen outside of court, and the final agreement will be submitted to the court to be reviewed.
Arbitration is often chosen as when a couple has matters that need to be disputed, but they wish to settle out of court. During this process, the arbitrator can act as a judge and have the final say on the issues at hand. This arbitration process is also more private than litigation and gives the couple the choice to pick who the arbitrator will be.
Meditation brings in a neutral party to help those involved settle their differences and come to an agreement. This mediator helps to facilitate discussion between the two parties.
They are focused on the actual needs and facts of the case rather than the emotions involved on either side. If the discussion is successful, they can then draft a settlement agreement that is approved by either party.
The collaborative case is when both parties agree to settle their case outside the courtroom right from the start. They work with an attorney trained in collaboration to assist in various areas of the divorce. Collaboration is for couples who are willing to settle issues outside of court and would like to minimize any issues inflicted on their family.