You can divorce in Washington without litigation

You can divorce in Washington without litigation

Making the decision to move on in life without your spouse is not something to be undertaken lightly. It’s important to understand the implications of such decisions, especially if you have children, whose lives will be affected. Wanting what’s best for your kids includes settling a divorce in the least disruptive manner possible. Thankfully, Washington law enables you to finalize a settlement without having to go to court.

Before you can obtain a divorce decree, you and your ex must resolve all issues that are relevant to your case, including property division and child custody, plus any other topic that is pertinent, such as alimony or child support. If you wish to avoid litigation, you may use Alternative Dispute Resolution (ADR) to settle your differences and craft an agreement.

Contact a Washington State Family Law Attorney

Arrange A Consultation call us at 888-211-7814

There are 2 main types of ADR in a Washington divorce

It’s always nice to have options, and when you want to settle a divorce outside of a courtroom, there are typically two main ADR options available: mediation and arbitration. The goal with both processes is to peacefully resolve differences and achieve an agreement for division of marital property, child custody and more, which the court can then approve, making it legally enforceable.

If you choose to mediate your divorce, you and your former spouse will meet for discussion sessions (however many are necessary) to create terms of agreement. The more detailed such terms are, the better, especially regarding child-related issues. Arbitration, on the other hand, is like litigation (because an arbitrator is making the decisions) that takes place in a private setting, rather than a public courtroom.

Basic overview of mediation and arbitration

The following lists include basic information regarding ADR options available to Washington spouses who wish to avoid going to court to settle a divorce:

Mediation:

• Neutral third-party acts as a mediator, who facilitates discussions and guides spouses through the process
• Takes place in a confidential setting
• Each spouse may act alongside separate legal representation
• Non-binding procedure, meaning you can end sessions and choose another divorce option if you determine it’s not working

Arbitration:

• Arbitrator hears both sides of your case, then renders a decision
• Decision may be binding, which means it’s final and you’re unable to appeal
• May include separate legal representation for each spouse

One of the benefits of ADR in a Washington divorce is that both mediation and arbitration are usually less expensive than litigation (going to court to settle your divorce). If you and your ex can communicate in an amicable manner, such options can help you achieve a settlement in a way that is less disruptive to your children’s lives than a trial.

Mediation versus arbitration

If you’re unable to achieve a settlement through mediation, you can convert your case to litigation. However, an arbitrator’s decision is final. Keep these issues in mind when determining which form of ADR best fits your needs. Both procedures are less formal than litigation. They’re also less expensive and usually take less time.