Aaron & Aaron, Attorneys at Law
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Alternatives to litigation in divorce

People in South Carolina who are considering divorce may already know that a number of options besides litigation are available, and that most of the time, they are less expensive and faster. Some couples might be able to do an uncontested divorce. Even for couples who have children and considerable assets, this may be a possibility if they are able to come to an agreement through negotiation.

Couples who would like to avoid litigation but still have some conflicts might benefit from mediation. In mediation, a neutral third party, who may or may not be an attorney, attempts to have the couple come to an agreement on outstanding issues. Each spouse is entitled to separate legal representation.

A collaborative divorce may be slower and more expensive than the other two options because it is thorough and involves several professionals, but it is often a good option for a couple who might have a complicated situation but wish to avoid litigation. It might involve attorneys, a financial adviser and a mental health professional.

If all else fails, litigation is still an option. The disadvantage of litigation is that it is inherently adversarial. In other words, it pits the two people in the divorce against one another instead of working toward a common goal.

A person who is facing divorce might want to discuss all of the above options with an attorney as well as any potential issues that might make the more cooperative approaches to divorce a poor idea. For example, if there is domestic abuse or a person is concerned about child abduction, litigation might be the only option. Talking to a lawyer is a good approach for an individual who is trying to decide what is best for his or her situation.

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