When most people imagine divorce, they think of emotional exchanges in a tense courtroom environment and a result that’s entirely within the control of an impartial judge. The courtroom experience can be incredibly daunting for some people, and many divorcing couples would prefer to resolve their dissolution proceedings more swiftly than a trial would allow. Divorce arbitration has grown to be one of the more popular forms of alternative dispute resolution in the US. It allows divorcing spouses to handle their divorce proceedings in much less time than litigation often requires.
If you believe that divorce arbitration may be preferable to you as opposed to a lengthy divorce trial, call our firm to learn more. It’s important to understand what the arbitration process entails and how to prepare for it. An experienced Concord divorce arbitration attorney is the ideal resource to consult in this situation. Your legal team can provide the support and advice you need to make an informed decision about how you should handle your divorce proceedings.
It’s technically possible to resolve your divorce without legal counsel but doing so is incredibly challenging and risky. The average person with no formal legal experience would have trouble meeting their procedural obligations with the Concord, NC family court. They also risk ending up with a divorce settlement that does not truly serve their best interests due to overlooking crucial details. They could also make errors regarding financial matters that lead to long-term economic strain. Working with an experienced Concord divorce arbitration attorney eliminates these risks and makes approaching your divorce proceedings much easier.
The Law Offices of Aimee E. Cain offer legal representation for divorce arbitration in Concord, NC. If you would prefer to settle your divorce more quickly than litigation would permit, we can help you understand the benefits of arbitration and prepare for the process accordingly. Our goal is to provide personalized and responsive legal counsel to every client we represent. We’ll help you determine if arbitration is the best option for resolving your divorce and explain each phase of the process in close detail.
Divorce arbitration is a form of private divorce settlement that unfolds under the direction of a neutral arbitrator. Similar to a judge overseeing divorce litigation, the arbitrator is charged with reviewing each spouse’s evidence and testimony, evaluating various factors pertaining to the divorce, and delivering a ruling on the divorce. Similar to a trial in family court where the judge has the final say on every aspect of the divorce case, an arbitrator’s ruling on a divorce is final and legally binding.
Arbitration sessions are scheduled at the convenience of the divorcing spouses, and their sessions take place in the arbitrator’s office or some other neutral setting. While not a trial, the arbitration process unfolds very similarly to a trial in family court. Both spouses have the right to present evidence, call witnesses, and offer testimony to support their respective sides of the divorce. Both spouses also have the right to have legal counsel present during arbitration, and the attorneys may cross-examine the spouses and their respective witnesses.
The goal of arbitration is typically settlement. The arbitrator will work with the divorcing spouses to help them reach mutually agreeable terms for their divorce. However, the couple may need to move to litigation to settle some aspects of their divorce. For example, if they have children together, a family court judge must make the final determinations concerning their custody rights and child support obligations.
Arbitration is very similar to divorce mediation in several ways, with one key difference. Mediation results in a negotiated divorce settlement that is then brought before a family court judge for final approval before it becomes a binding court order. In arbitration, the arbitrator’s decision is final and binding. The only exception would be in the event the family court must review and approve the divorcing couple’s child custody terms.
The Law Offices of Aimee E. Cain offers clients the option of divorce arbitration as a less formal, less stressful trial process. Arbitration can also be much faster than a trial because it is scheduled according to the availability of the clients, the attorneys, and the arbitrator instead at the whim of the court system’s docket.
While hopefully avoiding trial, arbitration still allows clients to voice their concerns and present their evidence to an arbitrator. The arbitrator, while not a judge, has a similar role in the arbitration proceeding. After hearing both sides, the arbitrator hands down a decision.
At The Law Offices of Aimee E. Cain, we prepare for arbitration proceedings as aggressively and with the same level of commitment as if going to trial to ensure our clients get the results they deserve.
In many ways, divorce arbitration is like a streamlined divorce trial that results in a legally binding resolution. There still may be some need for formal legal review in family court following arbitration. However, this form of alternative dispute resolution offers several important benefits that everyone facing divorce should consider:
It’s worth taking time to determine whether arbitration may be right for your divorce. Approaching the dissolution process is never easy, and most people have lots of questions and doubts about the best strategies to develop in preparation for divorce. If you are interested in learning more about divorce arbitration, contact the Law Offices of Aimee E. Cain today. When you schedule a consultation with an experienced Concord divorce arbitration attorney, we can help you determine whether arbitration would be a good option for your divorce case.
Once a marriage is over, parties may agree to arbitrate any issues relating to the marriage and the relationship. Before a couple marries, they may agree to arbitrate any issues concerning the marriage except for child custody and support.
Even though arbitration does not occur in a court of law, it has many characteristics of a trial. For instance, both parties are allowed to:
Parties to arbitration are free to select an arbitrator of their choosing. However, the court will appoint one if the parties are unable to agree on an arbitrator or the selected arbitrator is unavailable or fails to act and a subsequent arbitrator has not been chosen.
Much of the arbitration process encourages settlement. From the beginning, parties are able to mutually agree upon many terms of the proceedings which can foster a perspective of compromise and hopefully lead to successful resolution of the dispute.
Having the representation of a Concord arbitration lawyer like Ms. Cain is invaluable in these proceedings. A skilled Concord divorce arbitration attorney, well versed in the law of evidence, and knowledgeable on all things family law, is the best asset a client can have going into arbitration. Contact our office today for more information about our services in divorce arbitration.