• 10
  • August
    2010

Recent studies have revealed that more couples are now open to alternatives to contested divorce, including divorce mediation, collaboration or even "do-it-yourself divorce" kits sold via the internet.

The reasoning behind this trend is relatively simple. Many divorcing couples witnessed the acrimonious divorces of their own parents during the 1970s and 1980s, and have vowed not to repeat this pattern for their own sake and, more importantly, for the sake of their children. Furthermore, they simply have no desire to expend vast sums on legal fees and exacerbate an already difficult situation.

"[Contested divorce] makes it almost impossible to have a civil relationship going forward. You don't forget what it's like to be cross-examined by your spouse's lawyer. It sets [couples] up for years and years of not being able to communicate well," said family law attorney John Zarzynski who co-founded a divorce mediation firm in Arizona.

If separating couples are eschewing contested divorce, what are their other options?

Divorce Mediation

In mediation, both spouses work together outside of the courtroom to resolve important issues, including property division, alimony/spousal maintenance, child support and child custody. The entire mediation process is overseen by a neutral third party mediator who works to facilitate a mutual agreement among the former spouses.

Collaboration

In collaboration, both spouses retain their own attorney and the four then work together to reach a mutually acceptable agreement outside of the courtroom. Experts are frequently called upon to assist with the collaboration process.

Both divorce mediation and collaboration offer couples a substantial advantage over contested divorce in terms of both time and money.

According to Zarzynski, the average divorce mediation takes roughly 70 days while the average cost is around $1,000.

Stay tuned for further developments ...

Related Resources:
  
• Tips for a Friendly Divorce: Couples Opt for Mediation, Collaboration, Do-It-Yourself Kits  (Chicago Sun-Times)