For those facing divorce, there are a lot of stressful decisions to be made. One of those decisions is how exactly to end the marriage. One path that couples can choose is divorce arbitration. Here is everything you need to know about divorce arbitration in California.
What Is Divorce Arbitration?
Arbitration is one of the many processes used to resolve disputes between divorcing couples. Divorce arbitration is a type of divorce trial where instead of couples resolving their dispute in a public courtroom, their case is heard in private before an arbitrator. An arbitrator is a third-party not affiliated with the court who makes legally binding decisions in civil disputes.
How Does Divorce Arbitration Work?
In divorce arbitration, each spouse typically hires respective attorneys. Both parties and their attorneys will then agree upon an arbitrator, to whom their cases will be prepared and presented. While this is similar to a court proceeding, the presentation of evidence in a divorce arbitration is usually less formal than in a courtroom. After the hearing, the arbitrator renders a legally-binding decision which, unlike a court trial, can typically not be appealed.
How Much Does Divorce Arbitration Cost?
Cost is an upside to arbitration. Although arbitration is still expensive, it does not cost as much as a court trial. Arbitrators typically charge a daily rate for their services; this rate normally ranges from about $1000 per day to $2000 per day depending on the arbitrator’s experience and the geographic area in which they practice.
In addition to the cost of the arbitrator, it is important to consider the cost of an attorney. A large reason why divorce arbitration is less costly than a court trial is because it does not take as long for your lawyer to prepare for arbitration than a court case. In addition, the arbitration itself might be shorter because the arbitrator is usually not as strict about evidence as a judge.
Related: Contested and Uncontested Divorce: The Difference
Why Choose Divorce Arbitration?
- Privacy: One of the most attractive things about arbitration is that it offers relative privacy. Even though court documents will still be public record, the actual proceeding will not be.
- Cost: Though arbitration can still be expensive, it is often substantially less expensive than going to court.
- Speed: Arbitration is often much faster than divorcing through the court. The process itself is shorter, and with less strict rules, divorce lawyers often do not have to spend as much time in preparation.
- Convenience: It can take months to set a court hearing and when it finally happens, your schedule is rarely taken into account. With arbitration, the hearing can be scheduled at your convenience.
- Less Formal: Arbitration is much less formal than a court trial. This more casual environment can put some people at ease.
Related: How to Have an Amicable Divorce in California
Why Divorce Arbitration May Be Wrong For You
The primary drawback of arbitration is the fact that, unlike in court, there is no appeal process. Since divorce cases can be unpredictable; the idea of being stuck with a resolution may be unsettling for some people. In addition, if your spouse does not abide by the binding decision made in arbitration, you may still have to go to court to enforce the order. This can take a large amount of time and money.
Is Divorce Arbitration Right For You?
If you need help deciding whether divorce arbitration is right for you, contact Her Lawyer. We can connect you with one of our experienced divorce attorneys in California to fully explore all of your options.