The Court-Centered Model
- Outcomes are limited to those that fall within the shadow of the law. The couple’s issues are categorized, analyzed, and resolved according to statutory guidelines.
- It is an adversarial process that encourages a win-lose attitude among the participants
- It is competitive and evaluative
Settlement with a Conventional Attorney
Each member of the divorcing couple hires an attorney. After a period of discovery, the details for settling issues relating to property, finances, and children are negotiated until a settlement is reached or one of the divorcing partners decides to go to trial.
- Pros
- It is familiar to most people
- It is helpful when 1 spouse is unwilling to collaborate
- It may be appropriate where there is domestic violence or substance abuse
- Cons
- It is adversarial
- It is time consuming
- It often involves psychological evaluation of both parents to determine the balance of care between the parents
- It can be costly because of the discovery process, interrogatories, experts and motions
- It may not be responsive to the emotional and relational aspects of co-parenting
- There is the threat of going to trial if a resolution cannot be negotiated
Arbitration
Arbitration is less formal that a trial, but is often conducted like a hearing or trial. After a period of discovery, the divorcing couple and their attorneys bring the details for settling issues relating to property, finances, and children to a court official who has the authority to make binding decisions regarding the issues.
- Pros
- It can shorten the waiting period before the case can be tried in court
- It is a way to stop ceaseless litigation
- It can be used to decide a single issue or all the issues involved with the divorce
- Arbitrated issues cannot be appealed
- Cons
- Arbitrated issues cannot be appealed
- One partner may be very unhappy if the matter is decided in the other partner’s favor and they have no further recourse
- It can further harm the co-parenting relationship when children are involved
Trial
Each member of the divorcing couple hires an attorney. After a period of discovery, the couple and their attorneys go before a court. The attorneys present their client’s case and all matters in dispute are settled by a judge.
- Pros
- Thanks to TV, this is familiar to most people
- While the judge will decide those issues that have not been negotiated or settled, it may be possible to appeal the judge’s decision
- Cons
- It is a very stressful, time consuming, and expensive process
- There is little flexibility in the process or the outcomes. The divorcing couple gets the minimum safety net of the law
- It is an adversarial, competitive process
- Children often suffer. They see their parents experience the conflict inherent in the process
- There is often a continued deterioration of co-parenting and extended family relationships
See also