5 Alternatives to Traditional Divorce

Most people enter into a marriage expecting it to last a lifetime. But the relationship can experience problems that may threaten to end the union. When this happens, most couples decide to seek divorce. But before you end the marriage, consider the following divorce alternatives.

1. Separation

As you contemplate ending your marriage, try physical separation. One partner will move out of the house and live somewhere else. In most states, the physical separation won't affect property ownership and financial accounts of the family. Living apart also helps you know whether you want to end the marriage.

You can get a court order to make the separation legal. The court order will state the separation terms, such as child custody, property ownership, and alimony. But you will still be legally married, and neither party can remarry.

2. Mediation

If you have issues with your spouse, you can get a third party to mediate and try to resolve the issues. Some states even have mandatory mediation sessions before couples can seek a divorce. The mediator is usually a family lawyer with experience in divorce mediation. Anything shared with the mediator is confidential, and the spouses can't use the information later during the divorce proceedings.

If the state has mandatory mediation for couples seeking a divorce, a court will likely appoint the mediator. The advantage of a court-appointed mediator is that the services are free or affordable. The couple can also decide to choose their own mediator. In this case, the couple can either split the mediator's fee or agree on another payment arrangement.

3. Collaborative Divorce

A couple can agree to divorce without going to court. The wife and husband will each hire an attorney and kickstart the divorce process. Each attorney will help and advise their clients on how to achieve a settlement. The couple can also decide to involve neutral professionals like financial experts.

Before the collaborative process starts, the couple and their lawyers must agree to abandon the process if there is no settlement or one party threatens litigation. When this happens, the couple might have to restart the process with new lawyers. In most cases, neither party can hire the same attorney again. Once you come to an agreement, you may still have to go to a judge to sign the agreement.

4. Counseling

Counseling is an option for couples that recognize the existence of problems in their relationship. The counselor will help you to reconnect, rejuvenate your love, and rebuild your marriage. Couples who go to counseling also receive physical and mental benefits. 

And even if counseling doesn't stop the end of the marriage, the process can pave the way for a smooth divorce. After counseling, both parties can avoid toxic wrangling and bruising court battles that may lead to the loss of thousands of dollars.

5. Postnuptial Agreement

A postnuptial agreement helps couples to divide their assets and avoid divorce. The agreement usually takes effect immediately, with the more financially stable spouse giving money or assets to the other spouse. In other cases, the post-natural agreement may only become legal once the parties separate.

Postnuptial agreements provide clarity about the respective position of each spouse in the marriage. The agreement will also dictate what may occur if the couple divorces. A postnuptial agreement is ideal for a couple that is thinking about divorce but still wants to work on the marriage. For the agreement to be legal, both parties must understand its contents, and the document must be fair.

Whatever you decide, the best strategy is to always have a family lawyer by your side. The lawyer will advise on whether you should seek mediation or separation. And if the best decision is to divorce, lawyers will still help you navigate the process. Contact Evergreen Family Law Group PLLC for the best legal advice.