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Do I Need to Go to Court If I’m Getting a Divorce in Fargo? Steps & Alternatives

Divorce is a difficult thing to go through for everyone involved. Whether it’s an amicable separation or a fraught relationship, going through the legal process can be more than a headache. With all the important decisions to make, going to court may be the last thing you want to do when getting a divorce. Luckily, there are some alternatives to take to avoid going to court if you are getting a divorce in Fargo.


In some cases, partners are able to identify the best solution for their divorce on their own, without outside help. If you are able to come to an agreement uncontested on important issues, including dividing assets, alimonies, child custody, and child or spousal support, then you can file for divorce with the court without the need for trial. Trained attorneys can walk you through negotiation to help you find an agreement, file documents, and minimize costs. You can find more information on the North Dakota State Government’s website. Though, this type of divorce is rare because of the complex discussions that can arise while negotiating and fighting for your rights.


The best way to avoid divorce in North Dakota is to turn to mediation. In mediation, you and your partner will work with a trained professional who can help you find the best solution for your contested problems. Throughout mediation, the mediator will work to make a case that is favorable for both parties. By the end of the process, the mediator will present a written document that is the basis for the agreement you will submit to the court.

Collaborative Divorce

In more complex cases where negotiation and mediation aren’t enough, the alternative is a collaborative divorce. A collaborative divorce is similar to mediation where parties avoid a court case, but instead of a professional mediator, both parties hire attorneys that can help facilitate discussions to make a favorable agreement for both.

Divorce Arbitration

The final alternative to avoid going to court is arbitration. This is similar to going to court, where the partners choose an arbitrator to consider the case and make a decision. This has some benefits as opposed to going to court because partners get to choose the arbitrator, as opposed to court where you can’t pick a judge, and can choose a time and place for arbitration instead of waiting for court. Though, you cannot appeal an arbitrator's decisions, and the process can be pricey.

Speak to an Experienced Divorce Attorney in Fargo

Making a decision on how to handle your divorce proceeding can be a difficult choice to make.. The best place to start is to speak with an experienced family law attorney who has worked with clients to find the most favorable outcome in their divorce. The divorce attorneys at Circling Eagle Law can work with you to make the best decision with your divorce, help you avoid court, or fight for you in court to make sure your rights are protected.

Contact us at (701) 401-7404 or visit us online to learn more about our services.


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