Understanding the Legal Divorce Process- Divorce Mediation Resolution

For most people, divorce is neither easy nor enjoyable. The legal divorce process can often be confusing and bitter, and depending on circumstances, can be a lengthy and expensive battle to settle. Most people are aware enough to know if they need advice from a divorce lawyer. Those involved typically discuss their situation with a friend or family member before pursuing any legal action. It’s reasonable that some may not want to receive professional legal representation due to the high costs;however it’s not always a wise decision to attempt a divorce without knowing all of your rights. When a divorce is imminent, most individuals will hire an attorney to ensure that everything is handled fairly.

One of the most common questions asked is how long will my divorce take or how can the process be accelerated. The fact is a divorce ultimately ends when issues relating to division of property and support claims are resolved. Often, the settlement is contained in a document called a Marriage Settlement Agreement. It is essentially a written contract between husband and wife. The Agreement usually covers issues such as division of assets, property, and debt, as well as other responsibilities acquired during marriage. How fast this contract is drafted and finalized depends entirely on the couple filing for divorce. The divorcee’s civility plays a huge role in determining how long the process ultimately takes.

There are several ways to approach a divorce. The most popular method is traditional court ligation in front of a judge; however there is another type called alternative dispute resolution.

Traditional court litigation starts when one member of the marriage files a "Divorce Complaint" with the Court of Common Pleas. If the couple reaches an agreement on the division of assets and other claims; the divorce can be finalized without a court hearing. If there are disagreements as to how to resolve issues, the parties may have to appear before the Court to resolve the issues. Pennsylvania law requires that a number of factors be considered in determining how to divide a marital estate and whether to award alimony. These factors, include but are not limited to facts such as, the length of the marriage, if there were any previous marriages, the age, health, income, employability, estates, and liabilities of both parties. A case that proceeds along the traditional litigation path can take months to reach a resolution and can be very expensive.

If couples dislike the traditional court approach, they can opt for another method called“Alternative Dispute resolution”. Alternative Dispute Resolution (ADR) can include mediation, arbitration or collaborative law. ADR is slowly becoming much more common among couples as it is usually less expensive and faster than traditional litigation. ADR can work if both parties are willing to attempt to resolve their issues in good faith. During these difficult economic times, couples are looking at ways to minimize the financial burden of going through a divorce by using ADR services.