Alternatives to Litigation
Divorce is naturally stressful. You are undergoing a major change in your lifestyle
and ending a relationship that had been a significant part of your life.
Separating from a partner is already an emotionally charged event, and
the stress of dividing property, income, debts and child custody can add to that.
Cortez & Hoskovec, LLC., we understand that divorce will always be difficult, but we strive to
make it as painless as possible while zealously pursuing a fair outcome
for our clients. For many of our clients, this means settling a divorce
out of the court, while for others it means formal litigation
The Divorce Process
All divorce begins when one party files a petition for divorce with the
courts and submits a copy of this petition to their spouse. When bringing
a dissolution of marriage before the Court, the petitioner must include
a declaration that the petitioner wishes for the Court to settle issues
of property division, child custody, etc. However, the Court should be
considered among the last resorts for ultimate resolution.
Depending on the situation, these negotiations may take the form of divorce
mediation, or as a component leading up to eventual litigation. In most
litigation should be approached as a last resort. It frequently increases the tension
between divorcing spouses, takes significantly longer to reach resolution,
and will be exponentially more expensive for the parties. Additionally,
if the case goes before a judge, the allocation of property, custody and
support may not take into account the priorities or preferences of the
individuals involved, leaving both sides to feel as though they have “lost.”
There are three alternatives to litigation:
An uncontested divorce. An uncontested divorce is one in which the parties agree to the resolution
of all issues related to the divorce, including, but not limited to: identifying
and dividing community property and community debt (including retirement
accounts and retirement benefits), disposition of the marital residence,
spousal support/alimony, custody/timesharing of minor children, relocation,
child support and any other particular issues unique to your family and circumstances.
Generally, one party proposes a global settlement to all of the issues
in the divorce. The other party then either accepts the proposal or makes
a counter-proposal. The parties may then go back and forth with proposals
and counter-proposals toward a goal of reaching a final agreement. This
is simple and amicable, but unfortunately it is not very common. Because
divorces are usually emotionally charged events and because parties are
deeply invested on many levels, constructive negotiations can be difficult
to achieve. You should always have your attorney look over any settlement
proposal to help you determine whether the terms are fair under the law;
you may not be in the right headspace to consider things objectively while
in the midst of an emotional time like divorce.
Divorce mediation. In a mediated divorce, a neutral third party who does not represent either
spouse acts as the mediator while the divorcing partners negotiate the
terms of their divorce. The mediator cannot advocate for either party.
Parties are generally not represented by attorneys in the mediation process,
and it is critical that the mediation process be completely transparent
to both parties. Mediated divorce allows you to negotiate the terms of
your separation more peacefully than if the case went to court, and parties
reaching an agreement can often choose the terms that work best for their
Cortez & Hoskovec, LLC. offers exceptional and effective mediation services to parties as an efficient
and economical alternative to traditional divorce litigation. Put our
knowledge and experience to work for you.
Which Option is Right for You?
Every case is unique, just like the people involved in it. A number of
factors can influence the effectiveness of any given method. This is why
representation by an experienced attorney is so important.
Cortez & Hoskovec, LLC today for a consultation.
(505) 544-5126 to schedule a consultation with our attorneys today.