Itching to get a divorce but not for all the legal drama? When a couple decides to separate, if they are married, they have two choices. They may either choose to remain legally wed and live their lives separately, or they have to get a divorce through family court. However, there are ways that you and your soon-to-be-ex can stay out of the courtroom for the most part. Take a look at some of the ways you can divorce your spouse without a judge’s intervention.
Agree on the Issues
The most common and simple way to get a divorce is to agree on the issues. When a couple can come to an amicable and legal agreement without a judge, they can remain away from the courtroom through most of the process. Some state laws may require divorcing spouses to appear at least once in front of a judge, usually after they have reached and filed a divorce agreement. Before entering the divorce decree, or the legal document that officially severs your marriage, the judge may want to ensure that both parties agree to and understand the terms of their divorce agreement.
Go To Mediation or Arbitration
If spouses do not agree on even one element of their divorce, intervention is required. Instead of going to a judge, a couple may opt to hire a private mediator or go to arbitration. In both scenarios, a neutral third-party acts like a judge in a very informal setting. This mock-judge is not meant to hand down orders but to help guide a couple towards reaching a compromise. If the couple cannot do so in the presence of a mediator, they must move to a judge who will make orders. However, avoiding this route is best for the couple and any children they may have. When a family law judge must set the terms of a divorce, they do it without knowing the couple and what is best. They only use what the current laws dictate.
A divorce can wind up being one of the most stressful experiences a person will deal with. In fact, after the death of a loved one, divorce ranks second in recovery time. Thus, making it as easy to get through as possible may mean cutting out the judge and reaching an agreement, both parties can move forward with. When it comes to getting a divorce accomplished, a family lawyer may assist in the process from beginning to end. Contact a local divorce lawyer in New York, NY, like the Kleyman Law Firm to schedule a consultation and discuss your best path forward.