In pending divorce cases, an alternative option to divorce litigation is divorce arbitration – a process that is more informal than a courtroom divorce, but not lacking any of the legitimacy of a traditional divorce trial. In divorce arbitration, the splitting parties agree on an impartial third party to act as judge and jury in the case. The arbitrator—often a lawyer accredited with specialized training in divorce arbitration or a retired judge—makes all the same decisions a judge in a court trial would, but the process is speedier and less formal than traditional court proceedings. In arbitration, an arbitrator will hear both sides’ arguments, gather and analyze relevant evidence, and make the final, binding decisions. Arbitration is a great alternative route in divorce cases if you wish to escape the drawn out proceedings and elongated emotional distress characteristic of traditional divorce trials.
Divorce can be a harrowing experience for many, as former spouses struggle to transition into a new life without their partner. This makes arbitration an appealing option for those more inclined to an accelerated form of dispute resolution, outside of the courtroom. At Kirker Davis LLP, our legal team is experienced with divorce law and can provide arbitration services for those who favor a speedy, informal divorce proceeding.
There are many benefits of divorce arbitration that are generally not seen in court trials. They include:
“They say timing is everything. And this can be true when it comes to divorce when a business interest is involved. At my firm, we work with many business owners who come to us with the same fears about pursuing a divorce. They worry that if they get a divorce, their partner may be entitled to a large portion of their business. Sometimes this is true, and sometimes, it’s not. When you acquire your business affects whether your business is part of the community estate and thus subject to division in a divorce. Contact us to learn more about other important factor.”
Get in touchThe finality of arbitration may also act as a disadvantage in some cases. If the decisions an arbitrator makes do not favor you, there are no means of contesting the ruling. This differs from a court trial, which includes the option of an appeals process. However, the advantage of carefully selecting a fair and trusted arbitrator may offset this potential drawback.
Arbitration is becoming a more popular option in divorce proceedings for couples who wish to settle their marital dissolution outside of court. At Kirker Davis LLP, our divorce arbitration attorneys have plentiful experience handling a wide range of divorce cases around Central Texas. We can answer any questions or concerns you may have about divorce arbitration, and can offer guidance in whether arbitration or a traditional courtroom divorce would most favor you. If you are interested in arbitration as an alternative to a court trial in your divorce, call our Austin offices at (512) 598-0010 for a free consultation.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Co-founding Partner, Chris Kirker who has more than 20 years of legal experience as a family lawyer.
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