What are the most common alternatives to litigated divorce?

On Behalf of | Jul 28, 2021 | Divorce |

Many couples going through divorce can’t reach agreements about how to handle custody or the division of their property, so they have to turn to the family courts. The Florida courts will resolve on addressed issues in your marriage in accordance with state law if you cannot do so on your own.

However, before you determine that the only option is to litigate your divorce, you may want to explore the three most common alternatives to fighting it out with your ex in court.

Collaborative divorce

Sometimes, once you have your own attorney and a little bit of space, you can start to negotiate directly with your ex. You can work with your attorneys to negotiate your own settlement and then file for an uncontested divorce. However, if you reach an impasse and can’t find ways to compromise, you may need the help of an outside professional.


Instead of going to court, you could hire a third party to serve as an arbitrator, who will review your circumstances and then make a suggestion about the best way to resolve your conflict. Many couples going through divorce choose non-binding arbitration so that the suggestion provided leads to the next round of negotiations rather than forcing the spouses to comply with that decision.


Mediation is a bit like arbitration but is still very different. The neutral third party will still review the details of your marriage. However, instead of making a decision on your behalf, their role is instead to help you compromise and communicate. Mediation can result in a signed agreement between spouses that leads to an uncontested filing.

Before you decide that litigation is the only solution, you might want to consider whether alternative dispute resolution could help keep your divorce more amicable and cost-effective.