DIY, or Do It Yourself divorces are generally a bad 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.
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 a couple 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 whats 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 spouses hands.
Disclaimer: The content provided in the blog posts of Jones Divorce & Family Law is general information and should not be considered legal advice. Please contact a lawyer for legal advice tailored to your specific situation. All articles are current as of their original publication date.