The DIY Divorce
DIY, or â€œDo It Yourselfâ€ divorces are generally not a good idea. In these situations, the couple decides to go it alone, split up, file the paperwork and determine division of assets on their own. Given how complicated divorce can be both from a legal and financial standpoint, this rarely ends well and can lead to significant complications and even more tension, stress and bitterness down the road.
This is similar to the “DIY” approach, but the couple wisely hires lawyers to deal with the complex legal issues surrounding the split. They work together to divide their assets, with the legal advice of their attorneys to guide them. These kinds of divorces are best in cases where the couple is splitting amicably and is in strong agreement about the division of assets. The attorneys will serve to guide and advise the couple, and when the settlement is final, the family will appear before a judge who will sign and approve the agreement.
This form of divorce occurs when the couples cannot work together to divide their assets. They will appear in court before a judge, who will hear all of the arguments regarding asset splits, child custody and other factors and will render decisions on each, based on what the court views as best for the individuals in question. This form of divorce is generally very adversarial and can result in anger and bitterness between the spouses. In addition, it takes the power of decision away from the couple and places it in the hands of a judge who may not really know whatâ€™s best all around.
Of the various divorce options available, Mediation is an ideal way for many splitting couples to handle their divorce. In a mediated divorce, a neutral third-party sits down with the couple and helps them to come up with an agreement that is best for everyone involved.
By encouraging open communication and clear-headedness, this approach can save respect, salvage friendships and partnerships, and help to heal a lot of emotional damage. It is certainly best in the majority of cases where children are involved and need to see their parents as a team, even when they are ending their romantic relationship. A mediated divorce allows the couple to retain their privacy and dignity, and keeps the most important decisions where they should be: in the spousesâ€™ hands.
If you are facing the end of your marriage, it is critical that you consider the options above and select the right course of action for both you and your family. As you begin to explore these options, connect with our team for more information about divorce mediation, arbitration and mediation with arbitration. Contact our office in Calgary to book a complimentary consultation and we can further discuss your situation in detail. If you would like to learn more information about traditional divorce litigation, visit our partner divorce law firm here.