When a Trial Is Required
A trial is required only if there are issues that remain contested when the case is called before the court. The judge may refer all contested divorce petitions for divorce or permanent alimony to an appropriate alternative dispute resolution (ADR) method before holding the trial if the trial is held in a county where there's a court-annexed ADR program already in place. In counties where there aren't, the judge may still refer a disputed case if a method is reasonably available and wouldn't add a lot of cost.When There's Perfect Agreement
For some couples, the right move forward is an uncontested filing. This is where the spouses already agree on how to divide their property and debts, what alimony there will be, custody and parenting time issues, and all issues of child support. The couple will still need to submit a written settlement agreement for the court to review and incorporate into the decree, and the court will still need to find that the agreement is fair, particularly in the issues of property division, alimony, and child support.Even if you and your spouse believe you agree completely, it's important to talk with a lawyer who can help you work through your agreement and ensure the court will find it appropriate.
When There's Room for Compromise
Even if you and your spouse don't yet perfectly agree, if your attitude is positive towards compromise and cooperation, you can still get things done through negotiations and mediation. In fact, the courts will encourage you to keep trying this, and you can convert a contested case into an uncontested one at any point before trial.Mediation
In mediation, a neutral facilitator helps the parties reach a voluntary agreement. The mediator has no power to impose terms, and the settlement itself is voluntary. If you engage in a few good-faith sessions but can't produce an agreement, the petition will go to trial.Collaborative Divorce
This is a private process in which both spouses and their individual legal counsel commit to settling outside court by signing what's known as a Participation Agreement. The parties also all agree that, if the process fails, the lawyers will withdraw so new counsel can litigate the case in court.This process typically takes three to six months, and it can't be stopped except by actually breaking the agreement entirely. It's important to understand that the Settlement Agreement as a binding contract once it is incorporated into the divorce decree.