From the emotion that comes along with dissolving a relationship to the conflicts that arise from disagreements, going through a divorce can become incredibly complex. Because of this, most divorces require litigation to have important matters like child custody and property division solved. However, there are other options for divorcing individuals who wish to avoid court proceedings in North Carolina.
Divorce arbitration is a common alternative to litigation that allows divorcing couples to work with a third party on their issues outside of court. At The Law Offices of Aimee E. Cain, we understand just how difficult it can be to end a marriage. That is why we provide a multitude of expert legal services, such as divorce arbitration, for individuals going through difficult times like these. If you are looking for a professional divorce arbitrator in Salisbury that you can trust, do not delay seeing how we can help you today.
Divorce arbitration is a process that allows divorcing couples to work with an arbitrator outside of court to come to decisions on their divorce. Similar to divorce mediation, both individuals get to express their concerns and desired outcomes for each issue in a constructive environment. The main difference between the two is that with mediation, the mediator works with both parties to help them come to a compromise and agree on an issue. In arbitration, however, the ultimate decision on each matter is left up to the arbitrator involved. This means that both parties can fight for their wishes, but the arbitrator will have the final say on each issue and what they believe is best. If you and your partner decide that divorce arbitration is right for you, you must make a mutual decision on the arbitrator you would like to work with before continuing.
Working with a professional divorce arbitration attorney can make a massive difference in your divorce. Just a few of the benefits of working with an arbitrator in North Carolina include:
One of the biggest reasons divorcing couples choose arbitration is because they can avoid litigation. Litigation, especially during a divorce, can be an incredibly long and drawn-out process with multiple court dates. This is why most people want to avoid it if possible. With arbitration, separating couples have the option to talk about important matters outside of court. They can work with an arbitrator instead to have each issue settled professionally.
Mediation ultimately leaves the decision up to the divorcing couple and their ability to compromise. Therefore, many people choose arbitration to help them reach important agreements. With divorce arbitration, both parties can trust that the decision that is made is in the best interest of their unique situation. An arbitrator will:
North Carolina requires a couple to live separately for a year before they can file for divorce. Most people dread the prospect of another few months or even a year of litigation. Luckily, arbitration is a much more efficient method for couples who are getting divorced. Additionally, arbitration helps speed up the divorce process. This allows you to save money on divorce attorneys and other legal necessities.
While arbitration and mediation are similar in that they allow divorcing couples to settle matters outside of court, they are considered two different legal processes. The biggest difference between the two is that in arbitration, the ultimate decision is left up to the arbitrator. In mediation, however, the mediator only helps the divorcing couples come to a compromise.
North Carolina has certain residency requirements before allowing couples to get divorced. One or both individuals must have been living in the state for at least 6 months before they are eligible for divorce. The state also requires that a divorcing couple live separately from each other for one full year before filing.
Litigation is the process of a couple going to court to voice their concerns and desires on each divorce matter. After each spouse has made their case, the final decision on these matters will be left up to the judge. Conversely, arbitration allows individuals to work with an arbitrator outside of court to settle issues.
The legal method that works best for you will depend largely on the unique circumstances of your divorce. If you believe that you and your partner may be able to come to compromises with the help of a mediator, then mediation might be best. If you believe that you may have a lot of conflicts or disagreements, arbitration may work better so that the final decision is not left to either partner.
Arbitration is a relatively simple process. First, a couple must mutually choose an arbitrator. From there, they go into the discovery process, just like a court trial, where each party prepares for their hearing. Then the actual arbitration hearing occurs. Each party presents their concerns, their evidence, and their arguments to the arbitrator. Afterward, the arbitrator makes their final decisions on the matters either that day or within the next few days, and the divorce is finalized.
At The Law Offices of Aimee E. Cain, our team is more than familiar with the process of arbitration here in North Carolina. With over 20 years of experience, we have helped countless clients through their divorces and are prepared to assist you with yours, too. To learn more about arbitration or our other legal services, contact us today for a consultation.