Traditional divorce methods can be difficult for all parties involved, which is why so many people look for alternative solutions to ease the process. Some alternatives can prevent drawn-out courtroom battles and work in the best interests of couples with small children. The expert San Diego divorce mediators from Divorce Options San Diego—experienced professionals couples rely on to manage all the financial, legal, and practical aspects of respectful divorce agreements—offer the following information about different divorce options for your family and the benefits of each choice.
Mediation
The most common divorce alternative is mediation. Couples who use mediation can go through the process of dividing property, finances, and other assets without stepping into a courtroom. During the mediation process, you can amicably voice your wishes and opinions, work with your spouse on a fair solution, and draft an agreement that’s processed by the court without having to stand before a judge. Once both parties sign the divorce agreement, it’s reviewed by a judge and becomes legally binding. Mediation can take a few months, while traditional divorce proceedings can last for years.
Separation
Sometimes couples need a break from each other so they can reexamine their lives. They may need to spend time apart to work on their personal goals or find out what they want in life. There are various types of separation, including legal, permanent, and trial separations.
A trial separation is when you and your spouse are living apart and decide to reconcile. During the separation, your finances and parental responsibilities remain the same.
Couples who choose permanent separation have no plans to reconcile. During this time, the assets you acquire legally belong to you and don’t have to be shared with your spouse. If your spouse incurs any debts during a legal separation, he or she is responsible for those bills. Keep in mind that briefly reconciling could have financial consequences. Therefore, you should speak with a legal professional to get more information about your rights and responsibilities.
With a legal separation, you’re no longer married, but you’re not divorced. You’re not allowed to remarry unless you file for an official divorce. A legal separation order granted by family court typically involves the division of property, spousal support, and child custody.
Annulment
As with a divorce, an annulment can dissolve a marriage. However, the way marriage is treated differs significantly. When a couple chooses annulment, the marriage is treated as if it never happened, and the union isn’t considered legal or legitimate. To qualify for an annulment, a couple generally has to show at least one of the following:
• Lack of consent
• Concealment
• Fraud
• Incest
• Impotency
• Misunderstanding
Collaborative Divorce
With this option, you and your spouse work toward an agreement without going to court. Both parties hire attorneys to represent their legal interests. The attorneys advise their clients and negotiate a settlement agreement. Other professionals, such as a divorce financial planner, may step in during the collaborative divorce process. All parties involved, including the attorneys, must sign the agreement before it’s sent to family court and signed by a judge.
San Diego divorce mediation allows a couple to work out the various aspects of their divorce with a neutral party. You can rely on Divorce Options San Diego’s experienced divorce mediators to manage every aspect of your divorce. Our focus is on ensuring fairness and mutual satisfaction for both spouses. To learn more about how our comprehensive divorce mediation process can be the ideal solution for you, call Divorce Options San Diego today at (858) 281-2628.
