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DIVORCE OPTIONS
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DIVORCE OPTIONS

There are a number of approaches that can be used to settle a divorce. The most common methods are:

Legal Separation

Separated by law, but still legally married.

A couple may choose this route for

  • Religious reasons
  • Not wishing to divorce
  • Can divide property and have child support
Pros:
Gives couples time to settle property, gives children and Couples time to adjust. In addition the spouse may remain on health insurance  

Cons:
May prolong the inevitable and be more expensive
 
Pro Se

A couple filing for divorce without lawyers.

A couple may choose this route if
  • There are few assets
  • There are few issues
  • There are no children
Pros:
Less expensive and generally quick


Cons:

Can make legal and financial mistakes


Mediation

Is where an independent, impartial third party helps couples make important decisions about several issues such as future parenting arrangements, child support, property distribution and property division.

A couple may choose this route if 
  • Couples who have issues that they can not resolve on their own
  • Couples who do not want to go through the court process
Pros:
Decrease the cost of divorce (long, drawn-out cases can get very costly) and it has been found that if the two parties can come to a resolution on their own through the use of a mediator, the have a greater likelihood of honoring the agreement
 
Cons:
Not appropriate if there has been domestic violence, one or both parties are mentally ill, there is a history of substance abuse, one of parties wants the parties mediator to take sides and either party is ignoring the best interest of the children

Collaborative

It is a team approach, where each side has an attorney and the couple also has access to mental health therapists and Certified Divorce Financial Analyst.

A couple may choose this route if
  • Couples have significant assets and issues to resolve
  • Couples do not want to go through the court process and leave the decisions to the judge
Pros:
All parties agree to work together respectfully, honestly, and in good faith to try to find a "win-win" solution to the legitimate needs of both parties. Generally less expensive than a traditional contested divorce

Cons:
No one may go to court, threaten to do so, and if that should occur, the collaborative law process terminates and both lawyers are disqualified from any further involvement in the case. Can be more expensive than some other methods


 
Call Harry D. Toro, CMFC, CDFA™
At (727) 642-8589
For a complementary consultation