We are talking about the use of alternative dispute resolution in contested divorces. Minnesota has a fairly long history of creative approaches to managing this kind of conflict. The goal is always to minimize the pain of tense negotiations; ADR may also speed up the process and reduce the overall cost of the divorce.
There are some divorces that are so complicated or so contentious that going to trial is the best course of action. A couple of years ago, for example, Frank and Jamie McCourt's divorce involved intricate business dealings -- over the ownership of the Los Angeles Dodgers baseball team -- and a number of confusing post-nuptial promises and agreements. There were matters of law that were best left to a judge.
Years ago, it was widely assumed that going to court was always necessary to settle differences in matters of divorce and family law. These days, though, there is generally a better understanding of methods of alternative dispute resolution -- or ADR.
If you are considering a split from your spouse, your main options to ensure you are legally protected are legal separation and divorce. While most people overlook legal separation, it can be the right choice for some people.
These days, it seems that every time you pick up a magazine or turn on the television there's an article or segment about how to reduce stress in one's life. While it's virtually impossible to avoid stress altogether, researchers have found that when an individual is under stress, he or she excretes elevated levels of the stress hormone cortisol. Overtime, increased and elevated levels of cortisol have been linked to a myriad of adverse health side-effects including heart attacks.
Many social scientists, sociologists and researchers devote their lives to studying human behavior and attempting to figure out why and how, as human beings, we behave and make decisions. With the U.S. divorce rate consistently hovering around the 50 percent mark, the relationships between spouses is a popular research topic.
Marriages end for all sorts of reasons and sometimes for seemingly no reason at all. The relationship between spouses is complicated and often filled with both high and low points. In cases where a marriage is marred by cheating, substance abuse, financial troubles and diverging life goals; divorce may be the best option.
Traditionally, divorce in the United States has been regarded as a contentious and divisive process where there are definite winners and losers. Unfortunately, frequently when divorce is approached this way, ex-spouses and shared children often all end up losing. While alternative means, like mediation, to a traditional litigious divorce exist, only a small percentage of Minnesotans who file for divorce choose this route.
Historically, the divorce process has by nature been adversarial. While most divorces likely result from disputes and differences between spouses, this doesn't mean that the actual divorce process needs to become an all out war.
In this blog, we talk a lot about the divorce process and how individuals planning to divorce can best prepare. While discussing the legal aspects of divorce and factors related to dividing property and deciding child custody matters are certainly important and hopefully helpful, the truth is the divorce process doesn't really end once a settlement has been negotiated or a divorce decree signed.