Marriage is complicated and sometimes the relationship does not work out. And when that happens, you have to evaluate the best course of action for you and your spouse. And while many couples elect to file for divorce, there are other kinds of dispute resolution to consider when figuring out how to settle your differences. With domestic arbitration, you can get the resolution you need without having to engage in lengthy litigation. But before you commit to it, you should understand what domestic arbitration is and what to expect after it is over.
At Daniele Johnson & Associates, we will guide you through the tough transition so you will not be in the trenches fighting your battle alone.
What is Domestic Arbitration?
A form of alternate dispute resolution (ADR), domestic arbitration allows you to settle issues related to property division, custody, child support, alimony and more without a jury trial. Instead, you and your spouse have the control to schedule your proceedings yourselves and choose your own arbitrator. The arbitrator is a neutral third party that will review the documentation, testimony and evidence in your case to issue a final award that is enforceable by law.
After Your Domestic Arbitration Ends
Once your domestic arbitration ends, your arbitrator will record the final award and officially close your case with the American Arbitration Association (AAA). The AAA will then send the award to you and your spouse. Depending on the arbitration agreement, you should receive it two to four weeks following your last hearing.
While you can modify a final award once it has been given, this is usually done under rare circumstances within a brief time frame, particularly as it relates to correcting any typographical or computational errors. As a result, you should review your award as soon as you receive it to ensure it does not contain any clerical mistakes. If you find any, you have twenty days to submit your request for modification. Once this is done, your spouse will be given ten days to respond, and your arbitrator will submit their ruling to the modification request within twenty days following their response.
If you would like to appeal the final award in your domestic arbitration, the process is quite different than it is with a divorce. In order to challenge the award, you and your spouse must have agreed to allow appeals during your domestic arbitration. However, if this was not established before the final award was given, there will be no right to appeal. If the right to appeal was agreed upon during your domestic arbitration, you can challenge the final award under the guidance of state and federal arbitration laws. Based on these statutes, you may be able to make a valid argument as to why it should be modified, corrected or vacated.
Daniele Johnson & Associates Will Guide You From Start to Finish
At Daniele Johnson & Associates, we understand that domestic arbitration is a delicate and sensitive process. That is why we will use our specialized skills and strong work ethic to achieve the outcomes you need to give you the fresh start you deserve.
Contact us today to schedule a consultation.
At Daniele Johnson & Associates, we will help you reach your long-term goals.