To many people, divorce is synonymous with litigation. They might assume the only way to address disagreements about custody arrangements or property division is to litigate the dissolution of their marriage.
Some couples truly cannot agree on how to handle a divorce. Sometimes, litigation is the best option. For example, situations involving domestic violence may not be safe to take to mediation.
However, most families will benefit from avoiding a protracted court-based divorce. How can you approach divorce in Pennsylvania without getting caught up in a battle with your spouse?
Consider drafting a postnuptial agreement
Sometimes, bad behavior or disruption to the marital relationship prompts one spouse to start thinking about divorce. They may think that the end of the marriage is the only solution.
However, a postnuptial agreement could be a stopgap measure between your current marital strife and filing for divorce. With the help of your own lawyers and possibly a counselor, you and your spouse can address the issues that have damaged your relationship.
You can agree about how you might split up your property if you do divorce and try to find ways that you can work on your marriage before either of you files. A postnuptial agreement can lead to an uncontested divorce filing that is cheaper and less stressful for both of you.
You can agree to collaborate when you file
If you don’t have a marital agreement on record, you have to reach agreements with your spouse on key issues. You don’t need to go to court for that.
Collaborative divorce involves spouses working together to figure out all of the issues for their pending Pennsylvania divorce before they go to court or even file divorce paperwork. The two of you can negotiate arrangements for dividing your property and sharing custody of your children.
Collaborative divorce gives you the option of setting terms that better reflect your unique family needs more than generic rulings entered through the court might.
Mediation can help when you can’t seem to resolve your own conflicts
Sometimes, even though you want to work together, you have a hard time doing so without fighting. Bringing a mediator in could help you and your spouse stay on task when addressing issues in your upcoming divorce and prevent emotions from undermining your attempts at collaboration.
Each of these three solutions can help you avoid a litigated divorce and therefore make the entire process easier on your family.