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Options & Alternatives for Divorce Couples Should Consider

Your Options for Divorce

Ending a marriage is never a pleasant experience. While people often associate the divorce process as expensive and emotionally draining, there are many alternatives to traditional litigation. Depending on the facts of your case and your relationship with your spouse, you may want to consider alternative methods for obtaining a divorce.

Litigation

Pursuant to Section 3301, several legal grounds are available for litigation based no-fault divorces. Traditional litigation can range from mutual consent divorces in which both spouses agree on all issues, to contested divorces in which both spouses are battling over issues such as property division and child custody. Litigation offers the benefit of finality, and a decision based on law and fact. The main disadvantages are attorneys fees and the protracted nature of the litigation process.

Do-It-Yourself

Self-representation is an absolute Constitutional right. Stated more clearly, you and your spouse do not need attorneys to represent yourselves in your divorce case and instead you represent yourselves. This may be a viable option if you and your spouse agree on all issues, and if there are minimal marital assets to divide. 

The advantage of self representation is each spouse will avoid incurring attorneys fees. However, the main disadvantage of proceeding without an attorney is it can prolong the divorce process due to the complexity of Pennsylvania’s divorce laws. Another disadvantage with self representation is the decisions you make may not be wise as you will not have an attorney to provide you with legal advice.

Online / Virtual

An “Online/Virtual” divorce is similar to a divorce in which both spouses are self represented. This approach may be ideal if you and your spouse agree on all issues. The internet contains many resources which can assist with obtaining the information you need, along with providing the forms you need to prepare and file for your divorce.

As with a “Do-it-Yourself” divorce, the main advantage of an “Online/Virtual” divorce is not having to pay attorney’s fees. The primary disadvantage of an “Online/Virtual” divorce is the legal information you receive from online resources may be out of date or incorrect. This may delay the resolution of your divorce or may result in you obtaining an unfavorable outcome.

Collaborative

Pursuant to the Pennsylvania Collaborative Law Act, you and your spouse can elect to proceed with a collaborative divorce. A collaborative divorce is a non-confrontational process in which both spouses are encouraged to retain attorneys who are trained in the collaborative divorce process. This process requires you and your spouse to sign a contract in which you both agree to work together in reaching a mutual agreement regarding your divorce.

The main advantage of a collaborative divorce is you and your spouse are able to craft a divorce agreement which is tailored to your needs. Additionally, you and your spouse have additional control over the outcome of your divorce while still having the benefit of legal counsel. The main disadvantage of a collaborative divorce is you will have to restart the divorce process if you are unable to reach an agreement which in turn can also increase your legal fees.

Mediation

Mediation is similar to formal litigation insofar as it remains a semi-adversarial process. Unlike formal litigation, a mediator does not make judicial rulings. Instead a mediator guides both spouses in helping them reach mutual decisions regarding the terms of their divorce. Child custody mediation has become an increasingly popular aspect of this process, as it allows parents to create sustainable parenting arrangements in a less confrontational environment.

The main advantage of mediation is it allows both spouses to maintain control of the divorce, i.e., the spouses choose the mediator and make their own decisions regarding the terms of the divorce. Another advantage is unlike formal litigation, mediation is faster, less expensive, and less contentious and stressful. The main disadvantage is a mediator cannot provide you legal advice if you are not represented by an attorney.

Choosing the Right Method for Your Divorce

The facts and circumstances of each divorce case are different. The right method for your divorce depends on many factors. Specifically, the method you choose depends on your relationship with your spouse, and you and your spouse’s ability to put your differences aside in order to reach an amicable divorce.

Talk With a Divorce Mediator Today

A divorce mediator can help you choose an option that best fits your circumstances. For personalized guidance from an experienced divorce mediation lawyer who successfully navigated alternative divorce methods for over years. Contact us today to learn more about the services we can provide.