In our last post, we touched on the history of divorce in the colonial days of our nation. Historically speaking, the idea of divorce has gone through a number of permutations.
As the previous post noted, it wasn’t unheard of in the days of Puritan Massachusetts Bay. That may have come as something of surprise to many Minnesota readers. The idea that divorce would even have been considered among what is generally thought of as a rather prudish population may be something of a revelation. Then consider what developed over the succeeding centuries.
Divorce was often a source of social dismay because of religion and general mores. That the courts are involved seemed only to promote the view that divorce is a contest in which one side comes out the winner and the other side as the loser.
These days, the truth of the matter is that mediation is more the norm than litigation. There may still be instances in which matters need to be presented before a judge for a decision, but in most cases, Minnesota courts have found that alternative dispute resolution is more effective.
As a result, the courts usually expect divorcing couples to use one of the various forms of ADR such as collaborative law or mediation before entering a courtroom. This has proven particularly beneficial in cases where parents with children are involved because it keeps decisions about the family in the hands of the parents.
Those going this route work with a qualified mediator and issues remain confidential. The only information that gets placed in front of a judge is the detail of the final arrangement.
Deciding what method might be most suitable for your needs can be daunting. You should always consult an attorney for help.