Take away the complexity of the divorce process and what remains can be an emotional and demoralizing experience heard and decided by a judge in a court where anyone can sit in to witness the whole procedure. But besides the divorce process itself, there are also the many other issues, such as spousal support, division of assets, properties and debts, and child custody, child support and visitation rights, which can be equally stressing, especially if one spouse would try to prove that the other is an unfit parent to the child.
It cannot be argued that it would require court hearings in order to settle some divorce cases, specifically those wherein divorcing couple refuse to agree and choose not to give in to each other’s demands or wishes. Once a divorce case is filed in a court, however, couples should know that when a judge makes his/her decision, such decision is final, whether the spouses find it agreeable (a court decision may be changed by a judge, though, after the party requesting for a change is able to present new evidences that will substantiate his/her claim. One example is a request for an increase in the amount of child support due to a promotion or a considerable increase in the salary of the obligor or non-custodial parent).
There are divorcing couples, though, who choose to maintain the privacy of their marital problems and prefer to make their own decisions on all matters that they need to settle. Towards this means of settling divorce, some choose arbitration.
Divorce Arbitration is a process wherein an arbitrator or a third party individual (can be a lawyer or a retired judge), who acts as a private judge, is chosen and hired by the spouses themselves. After the spouses prepare their arguments and evidences which will be presented to the arbitrator by their respective lawyers, the arbitrator decides on their case based on the arguments and evidences presented. The divorce issues that can be settled in arbitration include child custody, visitation rights and schedule, child and/or spousal support, division of property and assets, and modifications to a former divorce decree.
An article on divorce arbitration that is found in a website with the address, www.marshalltaylorlawfirm.com, it is said that, “Though many divorces are taken care of through uncontested settlements, some couples are not able to reach an agreement on divorce terms and require legal action to settle. However, this does not mean that every couple has to go to court and do battle with their spouse. Divorce arbitration provides an alternative to court that allows couples to resolve their divorce settlement disagreements without an extensive, expensive court trial. Instead of a judge hearing a case in court, an objective third party – an arbiter – hears the case from each party and then makes a decision.
Some benefits of divorce arbitration include:
- Selection of arbiter by the couple
- Avoidance of a nasty and public court battle
- Saving a little money (court is expensive)
- Time-sensitive arbitration: you pick the time of meeting
These benefits have convinced many couples that divorce arbitration is the best way to settle their divorce settlement disagreements, and an experienced divorce attorney can help you decide if this choice is right for you.”Read More