Is it possible to divorce without a trial?

by | Nov 26, 2018 | Firm News

Divorces are still a prevalent part of life for many people living in Ohio. In 2016 alone, over 35,000 couples divorced with around 15,000 of those couples having children. 

Before filing for divorce, many couples are well aware of the complications that can arise from the process. Therefore, it is normal for the couple to wonder whether they can divorce without spending over a year in court. Although it is rare, it is possible, and if both spouses get along amicably, it may be possible for them to divorce without going to court. 

Mediation

As long as both spouses actively want to be there, mediation is an excellent option. Spouses meet with an objective third party to review every aspect of the divorce. Ideally, the couple will reach agreements on how to divide assets and how much alimony to give or receive. After mediation, the couple can present the arrangement to a judge in court, and the judge can sign off on it. The entire process will only last for a couple of months, and the spouses only need to go to court once. This is ideal if the couple does not have any major assets and have not yet had any children together. 

Arbitration

Through arbitration, the couple essentially hires a private judge to meet with outside of a courtroom to decide upon important aspects of the divorce. This can help keep certain issues out of the public eye. 

Which is best for you?

When the couple can agree on most or all the aspects of divorce, staying out of court is easy. Both spouses should still have an attorney in their corners to make sure they discuss every detail. When there is one issue the couple cannot agree on, the divorce will need to go to court for some period of time. It is worth it to review all options to see what is best for your specific situation. 

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