What Are My Options For Divorce?

Most people think that the only way to get divorced is by going to court and having a judge decide the issues. The reality is that most divorce cases don’t have to go to court and that there are better ways to handle your divorce.  In going to court, the result is completely out of your control and completely in the judge’s hands or, in certain cases, the jury. No matter how strong your case, how good your facts, or how much you think the law is on your side, no one can predict how the judge what verdict a jury may return. The alternatives to going to court put more control in your hands over the outcome of the case.

Collaborative Divorce

Collaborative Divorce is a process where the lawyers and the clients start by agreeing that their case won’t go to court. Everyone’s goal is to get the case settled. As the client, you and your spouse will make all the key decisions with the assistance of your attorneys and neutral financial and mental health professionals. These professionals provide expertise to help you reach a settlement with considerable savings over the traditional litigation process.

Mediation

Typically, by the time you get to Mediation your case is ready for trial. That said, being ready for trial and having to try your case are very different things. In the mediation process, you and your lawyer are in one room, while your spouse and their lawyer are in another room. The mediator will spend time in each room to become familiar with the case and what you and what your spouse wants in the divorce. The mediator moves between rooms trying to help you and your spouse reach an agreement that everybody can accept.  The mediator does not have the power to force you to make an agreement. You and your spouse decide what the agreement will be with the mediator’s assistance and input. Mediation is so effective that most family law judges require that you mediate the case before going to court. The advantage of Mediation is that it gives you the opportunity to resolve your case while you and your spouse retain control of the outcome. Compromises will be made, but they will be your compromises, not something dictated by the judge or jury.

Binding Arbitration

Binding arbitration is essentially a trial. It is a trial where the parties choose who will be the judge presiding over your case. The advantage of choosing your own judge is that you can pick someone extremely capable. If you rely on the trial judge to hear your case, you can expect that on the date your case is set for trial there may be 60 other cases also set for trial.  Not only is the judge exposed to all the distractions of a busy courtroom, that judge will only be able to try a fraction of the cases on the docket.  That means there is a very good chance your case will be reset to another date that will likely be many months later. These resets can happen repeatedly before you actually get to trial. Not only is this frustrating, it is also costly since your lawyer had to review the case each time prior to trial and again comply with all the court’s requirements before each trial setting. However, in binding arbitration, your case will be the only one on the arbitrator’s calendar for the days scheduled.  There are also none of the distractions of a busy courtroom.  Your case will get the arbitrator’s undivided attention.

There are downsides to arbitration. It is still a trial and, even though you get to choose your own judge, the outcome is still uncertain.  It still comes with the emotional and financial costs of a trial. You also must pay the arbitrator. In a traditionally litigated divorce, you don’t pay the trial judge to do his or her job because the county has already done that. You will also need a court reporter to make a record of the arbitration and you must pay that court reporter.

Avoiding the courtroom has lots of advantages for a divorcing couple.  It will save time, money and the emotional distress that comes from going to court.  In my opinion, trying to reach a settlement through Collaborative Divorce or Mediation, or even trying your case in Arbitration, is preferable to taking your case to trial before the trial judge, which should be the last resort in any divorce case.

To schedule a consultation or for more information call (713) 526-2400. Our office is located at 3000 Weslayan, Suite 365, Houston, TX 77027.