Randy Perskin: Discussing Divorce

There are viable alternatives to the traditional divorce process for couples willing to work together amicably. Issues can be resolved in a manner that involves less time and expense than an ordinary matrimonial action. The key is each spouse’s ability to work towards dissolution of the marriage with a minimum of argument.

Mediation is often less expensive than the traditional divorce process. Both spouses hire an attorney as well as an impartial mediator to help resolve the issues leading to the divorce. The parties often share the mediator’s fee. Discovery is less complicated during mediation as evidence production occurs on a more casual basis and no depositions are involved. More often than not, spouses share experts’ fees. Although a shorter and less expensive proposition, mediation works most effectively for couples who are willing to work together towards an amicable resolution and who have an equal economic position.

A collaborative law divorce allows couples and their attorneys to negotiate directly with each other. Each spouse hires an attorney but not a mediator. The attorneys and their respective clients meet together in the relative comfort of a conference room, rather than a court, and negotiate the issues. If an agreement is signed, the courts are never involved. If, however, no agreement is reached, the lawyers are dismissed and the parties hire new ones for litigation purposes. The collaborative law divorce is also viable alternative for a couple who is willing to negotiate amicably.

Some spouses choose a “do it yourself” divorce and hire a legal overseer, essentially and attorney who can review work performed or carry out tasks his/her clients are unable or unwilling to perform. It is a much less expensive route than the traditional matrimonial action but is labor intensive for the divorcee. An attorney’s advice is helpful with regard to complicated legal issues.

Generally, alternatives to hiring a lawyer and commencing a traditional divorce action are viable for those couples who can negotiate amicably, operate on an equal footing (have similar economic histories) and take on a large part of the work load. For those spouses facing a situation where arguments will impede negotiations, complicated economic and personal issues will arise, inequality of an economic situation is apparent or the work involved would be over burdensome, a matrimonial action with the appropriate legal advice would work better. Regardless, an attorney is necessary in most cases.