What kind of divorce do you want? It may seem like an odd question, but there are many ways to approach divorce depending on your situation and needs. Contrary to popular belief, not every couple needs to go through a lengthy court process in order to end their marriage. Litigation is only one of the multiple legal options for divorce in DC.

If you are considering divorce, it is important to know the legal process options available to you. Some court involvement is necessary for all DC divorces; it is a judge’s signature on the divorce decree that finalizes the divorce. However, depending on the divorce option you choose, your contact with the court can be minimal. Here are some of the legal options for divorce in DC.

Mediation

Mediation is a form of alternative dispute resolution (ADR), designed to resolve conflicts outside of a courtroom. In divorce mediation, the spouses meet with a neutral third-party professional whose role is to facilitate communication, help the parties identify areas of dispute, and support them in reaching mutually acceptable solutions. A mediator is not a judge and does not tell the parties what to do, but rather guides them through a process toward an agreement both consider fair.

Depending on the circumstances, the spouses may have their attorneys with them, and may meet with the mediator in the same room as their spouse or in separate rooms. When the parties reach an agreement on disputed issues, the mediator draws up a memorandum of agreement. The attorneys convert the agreement into an order to be signed by the divorcing spouses and the judge.

Advantages of mediation include:

  • Parties have greater control over the timeframe of their divorce, as well as the outcome
  • Mediation promotes good communication and problem-solving, which is helpful if the parties will need to co-parent after the divorce
  • Mediation allows for greater flexibility and creativity in dispute resolution
  • Mediation may be quicker and less expensive than litigation
  • Parties are more likely to abide by a resolution they helped achieve than one that was imposed on them
  • A mediated divorce is often less stressful for all involved, including the children of the divorcing couple

While there are many benefits to mediation, it is not the right divorce option for everyone, such as couples in which there is a power imbalance or one spouse is not committed to dealing honestly with the other.

Collaborative Divorce

Collaborative divorce is another form of ADR. This process, developed a few decades ago, involves parties meeting with their attorneys and other professionals as needed to resolve issues in the divorce. The attorneys and other professionals, such as financial neutrals, divorce coaches, and child specialists, are trained in the Collaborative process.

In a Collaborative divorce, parties agree to voluntarily and fully disclose all information needed to resolve the divorce and not to use anything learned in the process against the other spouse in any future litigation. If the Collaborative process falls apart and the spouses decide to go to court, they must use different attorneys. Collaborative divorce is designed to offer a more respectful and dignified way to divorce.

Advantages of Collaborative divorce include:

  • Parties have more control over the schedule, process, and outcome
  • The process is set up to be more respectful and less stressful than litigation
  • Parties receive support from professionals in multiple disciplines, not just law
  • Parties have the freedom to speak honestly and apologize to each other without the fear that their honesty will be weaponized against them
  • May be less expensive than litigation.

Like mediation, Collaborative divorce is not right for everyone, especially individuals who have difficulty being honest with one another or where there are abuse issues in the relationship.

Litigation

Litigation is what most people think of as a “traditional” divorce. While many alternatives to litigation have cropped up in the past few decades, sometimes going through the court process yields a better experience and result. This is especially true if one party does not want a divorce or is unwilling or unable to participate in alternative forms of dispute resolution.

Litigation begins by filing a divorce complaint and serving it on the other spouse, who then has the opportunity to answer. The parties exchange financial and other relevant information through the court-supervised discovery process. The parties and their attorneys work to reach a settlement of disputed issues throughout the process. If they are unable to reach a full resolution, any remaining disputed issues must go to trial.

Litigation is the divorce option that offers spouses the least flexibility and control, and its adversarial nature can make it more stressful and expensive. However, litigation may be the best choice in many situations, such as where the parties prefer the structure of the court process, or there are complicating factors such as domestic violence, substance abuse, or mental illness. Litigation is also a good option when one spouse refuses to cooperate with the divorce process.

Understanding Your Legal Options for Divorce in DC

Many people are surprised to learn that around 95% of divorces in DC do not go to trial. Some are resolved through mediation or Collaborative divorce processes, and many are litigated divorces that are settled before a trial becomes necessary.

If you are unsure which of the divorce legal options is right for you, speak with an experienced DC family law attorney who has experience in both alternative dispute resolution and litigation. The fact that relatively few DC divorces actually go to trial means that some family law attorneys lack experience trying these cases. If there is any chance your case could go to trial, you need to work with an attorney who has tried numerous divorces. Divorce matters that go to trial tend to be the most contentious and complex, so it is especially important to have skilled, strategic legal representation.

To learn more about the legal options for divorce in DC, or to begin the divorce process, contact Strickler, Platnick & Hatfield to schedule a consultation.