Divorce rates have trended up a bit in Pennsylvania in recent years according to area divorce lawyers. Despite this, less than 5% of divorces in Pennsylvania go to court, which is below the national average. Even divorces that are contested often end up in arbitration rather than litigation.
What Is Divorce Arbitration?
Divorce arbitration is a middle ground between divorce mediation and divorce litigation. It provides a means for couples who have disagreements to resolve them and end their marriage without going through a protracted and public court battle. The estranged spouses first have to agree on a divorce arbitrator. The arbitrator, who is often a former judge, hears evidence and testimony from both sides and then makes a decision.
Pro: Confidentiality
One of the biggest drawbacks to litigation is the forfeiture of privacy. Divorce records in Pennsylvania are public, and this is true no matter how you achieve the divorce. The issue with litigation is that all of the evidence and testimony is public as well. In arbitration, those details are only known by you, your spouse, the arbitrator and the judge who grants the divorce.
Con: Relinquishing Control
Most divorces in Pennsylvania are achieved through either an amicable divorce process or mediation. Control is one of the main advantages to those approaches. With arbitration, you relinquish control the further you progress through the process. You have a say in who the arbitrator is and what the arbitration contract entails. However, once you agree to that contract, the arbitrator now has full control.
Pro: Cost
An amicable negotiated divorce is by far the cheapest way to end your marriage. Nevertheless, if issues cannot be resolved in that manner, arbitration is far more appealing financially. You must pay the cost of your attorney and half the cost of the arbitrator, but most divorce arbitrations take less than a day. With litigation, you are lookng at far more time and higher expenses.
Con: Limited to Specific Issues
It is uncommon for arbitration to encompass the entire divorce in the manner a court case would. This has a couple of implications. Firstly, it means that you and your spouse will need to decide which issues are arbitrated and which are not. Secondly, the issues that are not arbitrated need to be resolved through other means. This adds complexity because you’ll likely have issues you agree on, those that must be mediated and then those that must be arbitrated.
Pro: No Courtroom Formalities
Court proceedings in Pennsylvania must adhere to a strict set of rules. This is true whether the case being heard is about divorce or a crime. That means that there is often documentation and processes that are required but not necessary. This adds to the time and cost of the divorce. In arbitration, these formalities are not required and are quite uncommon. The couple does have to agree on the structure of the arbitration, but the the arbitrator will generally seek to expedite the process.
Con: Limited Right to Appeal
Arbitration may either be binding or non-binding. If the arbitration is non-binding, the decision is not enforceable by the court. This is most common when a divorce is going to court and a judge orders the arbitration in the hopes of avoiding protracted litigation.
When a couple chooses to arbitrate their divorce, binding arbitration is usual. After the arbitrator makes their decision, you usually have no recourse once the judge agrees to it and grants the divorce. There are exceptions, but those are generally limited to child custody, child support and alimony. Any other decisions are final.
Divorce Arbitration in Pennsylvania
The Law Office of Joanne E. Kleiner has more than three decades of experience helping clients navigate their family law issues. If your marriage is coming to an end, you should meet with a divorce lawyer to discuss your case. To schedule an appointment with us, call our Jenkintown office at 215-886-1266, or contact us online.
