How to Avoid a Court Divorce

How to Avoid a Court Divorce
Getting a divorce in court is an incredibly long and, most times, arduous experience. It can significantly affect you, your spouse, and even your children. The public process of court divorce is also often inconvenient, preventing you from swiftly moving on with your life. 
Thankfully, there are alternative dispute resolution options you can pursue to make the process quicker and emotionally easier. Here are a few alternative ways you can avoid a court divorce.

Alternatives to a Court Divorce

There are many alternatives if you seek a relatively hassle-free and less expensive divorce. Avoiding going to court and airing your personal life in public generally saves time and money, allowing you to get through the process and move on with your life.

Divorce Arbitration

Divorce arbitration functions similarly to a court trial, except you don’t have to be in a courtroom. Instead, you and your spouse will hire an arbitrator, who is generally a lawyer or retired judge. Like in a trial, both sides will prepare arguments to be presented to the arbitrator. The arbitrator will make the final decisions, and these decisions are binding.
Although arbitration is similar to a court, arbitration resolves matters privately, while a trial does not. Arbitration could be your best path if you feel uncomfortable exposing personal issues to the public. While it is still relatively expensive, it is a much more affordable option than a trial because the process isn’t as time-consuming. Divorce arbitration is a great option to save your pockets and sanity.

Marital Settlement Agreement

A marital settlement agreement is a detailed document outlining a couple’s decisions concerning how they have agreed to handle their divorce. It usually addresses vital things like the division of assets, custody of children, and other divorce-related issues. While a couple can write their own agreement, it is not wise or recommended. It is always best to work through a lawyer experienced with these agreements and have them draft the settlement. This way, you will know that the settlement conditions and any legal implications agreed to are solid and lawfully created. Even if you decide to draft your own marital settlement agreement, you will need to have the court approve it and determine that the division of property and assets are fair, and if not, you may have to do it all over again.


One of the most popular options for couples seeking a more amicable, flexible, and cost-effective route is mediation. Divorce mediation sessions involve a professional mediator who is there to help you and your spouse reach an agreement, despite your differences. The mediator’s purpose is to ensure you and your spouse feel heard and supported throughout the negotiations. Sessions are not as formal and stressful as court hearings. Your comfort throughout the process and contentment with the final agreement are the main priorities. While mediation is an excellent option for avoiding court divorce, it may not be the best option for everyone. Going to mediation to absolve your marital contract is only suitable for couples who do not have one person who is more dominant than the other. If one person has more control and power over the other, they will likely try to manipulate the other person during the mediation session. 

Family Law Attorney in Arizona

When we enter into a marriage, nobody expects the relationship to end; unfortunately, this is not the case for many. Court divorces are not always the best way to go about the dissolution of your union. If you are looking for an experienced family law attorney, ELCV LAW is a firm specializing in Family Law in Tucson. Attorney Erika L. Cossitt Volpiano, PC, is a meditation expert, ensuring that parents cannot use it as an instrument against their spouses. Take control of your future, and contact ELCV LAW today at 520-795-2235 or visit our website at

Disclaimer: The content in this article is for informational purposes only and should not take the place of actual legal advice. Not all circumstances are the same, and it is suggested that you should seek legal counsel if you need assistance in any of these areas.