What Do I Do If I Am Experiencing A Difficult Divorce?

Usually divorce settlements are relatively easy and do not result in long-winded arguments and legal battles

. When the partners are going separate ways on good terms divorces can be finalised fairly simply and efficiently. However, unfortunately this is not always the experience of going through a divorce. Sometimes disputes occur causing the divorce to take much longer than the parties involved could have anticipated. If you are in this situation it is advisable to contact a specialist divorce solicitor rapidly to talk through the options you have to speed the process along so you can both finalise the matter.

In What Ways May I Choose To Deal With A Difficult Divorce?

You may choose a type of Alternative Dispute Resolution (ADR): This will avoid a traditional court case which can save you time, stress and money.

- ADR Option 1 - Mediation: An impartial third party will attend meetings regarding the settlement; they will help calm the discussion between the two divorcees. Mediators are trained in techniques of dispute resolution; each mediator will work slightly differently due to individual differences in opinion and experience. The mediator will not direct the discussion but will facilitate the discussion. Mediation intends to create a non-aggressive discussion environment which will be conducive to reaching an effective settlement. Mediation is the least invasive way of settling a difficult divorce. Due to the shorter timescale for mediation in comparison to legal action, it can also prove to be extremely beneficial in terms of cost.

- ADR Option 2 - Arbitration: Previously arbitration was almost exclusively used for resolution of high profile commercial business disputes; therefore it offers confidentiality that legal action does not. Arbitration is now being used in difficult divorce settlements to avoid the courts. Should you be involved in a high profile divorce and you wish to keep it completely private arbitration may be for you. A third party will review the evidence for the case and will give a legally binding decision based on their non-biased opinion. Both parties must consent to the use of the arbitration process. Sometimes a prenuptial agreement will have stipulated arbitration as the process which would be used in the case of a dispute: this is referred to as mandatory arbitration. Arbitration may be also commence following voluntary consent from both involved parties at the time of the dispute itself: this is voluntary arbitration.

Traditional Dispute Resolution- Legal Action

Legal action may have to be pursued severe cases, or you may just wish to follow a more traditional course of action. Where your dispute could affect your children, such as in circumstances concerning custody and child support funds from your partner, rapid initiation of court proceedings may be particularly relevant. You may need to instruct a solicitor if you are disputing over shared property and finances or investments.

Whatever form of dispute settlement that you choose it is vital you instruct a solicitor/arbitrator/mediator that specialises in family law and has professional experience of divorce cases.

by: Paul Howe

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