Illinois residents might well be aware that, while obtaining a divorce is often a necessary step in moving forward with one’s life, the court process itself can often be quite grueling. Many will agree that, while making the difficult decisions, such as determining property division, child custody, alimony and child support are truly troubling, actually getting before a judge and experiencing the adversarial nature of the courtroom only makes it all the more difficult.
Across the pond, some law makers are considering an attempt to bypass the formal divorce process, specifically, they are pushing to get away from judges. Proponents of the change push to have couples divorcing on mutual terms obtain their divorce decree in front of a court clerk, rather than a judge. The statistics demonstrate that when couples mutually agree to the terms of their divorce, they spend on average 8 minutes before a judge.
In an already backed-up court system in the U.S., waiting to get before and judge and going through the anxiety of a court room can be stressful. If there are ways to avoid such a process, family law experts will agree that individuals leap toward such an option.
While the proposal is not something alive in the U.S., yet, there are other ways to avoid the formal nature of the court room, if a couple so desires. Specifically, alternative dispute resolution is an option for divorcing couples to step outside of the courtroom and experience a much less adversarial environment. For example, mediation involves the couples sitting together in an informal setting and working through their issues with the assistance of both their attorneys and a neutral and trained mediator.
Making the decision to obtain a divorce can often be a difficult one. Finding ways to ease this process can make all the difference in the end.
Source: Herald-Whig, “Divorce without judges? France mulls breakup plan,” Jan. 3, 2014.