Lawyer or Mediator?

COLLABORATIVE DIVORCE

A collaborative divorce is a hybrid of regular litigation and mediation. Collaborative divorce originated in Minnesota in 1990 with a group of Twin Cities’ family-law lawyers. It has since spread across the United States and Canada. Check with court officers in your jurisdiction for its position on the process.

This process demands that the couple and their attorneys be fully committed to achieving a settlement. The attorneys for both parties assist the couple in resolving issues and legal matters via cooperation rather than through adversarial courtroom techniques.

In fact, before the process begins, all sign an agreement prohibiting them from going to court. If a satisfactory resolution cannot be achieved, the collaboration lawyers are dismissed and the couple must find other legal representation.

Since this team approach to marital dissolution employs informal discussions and conferences rather than courtroom hearings, a collaborative divorce settlement is usually less time consuming and more cost effective.

DOING IT YOURSELF

If both parties are sure they want a divorce, want it as soon as possible and have no child or property issues to resolve, a do-it-yourself (DIY) divorce is worth examining.

If both parties are comfortable with the DIY process and have reached a divorce agreement, there is no need to hire attorneys or mediators. But even with an
uncontested divorce, there are legal documents that must be prepared and filed according to local and state laws.

Several companies provide state-specific kits (books, paper forms, software, or a combination of all), usually for around $200, to help the parties complete and file the paperwork. These kits will save you money, but keep in mind that they will take time to complete properly.

If either party has any concerns about the DIY process, consider hiring an attorney simply to review the paperwork and file it for you.

There also are situations in where a do-it-yourself divorce is not advised, such as when child custody or support is disputed or when one spouse believes the other is hiding joint assets.