Divorce Arbitration: What It Is, What It Costs and More

Divorce arbitration gives spouses a way to establish divorce terms without agreeing or going to court.

An arbitrator is a neutral professional (often a retired judge) who makes decisions for their clients as a judge would in court. They work independently rather than within the court system.

Arbitration is private, unlike court, where it's common for people not involved in your case to be in the courtroom and where the resulting court records are public.

If you live in an area that allows divorce arbitration, learn about the process to determine whether it is right for you.

What is divorce arbitration?

Divorce arbitration is an alternative dispute resolution method (ADR method) involving an arbitrator or panel of arbitrators who decides the terms of a divorce. It is a type of family law arbitration.

You often need to get approval from the court before starting arbitration for divorce. Spouses choose an arbitrator, outline the issues in dispute, sign an agreement to arbitrate, then set a convenient date for the arbitration hearing. Lawyers may also be involved.

An arbitration hearing is much like a divorce trial. Each side questions witnesses and presents evidence to support their claims. The arbitrator makes a decision (called an award) based on what they've heard.

To finalize their divorce, spouses must file the arbitration award with the proper court. If a judge approves, the divorce is final.

Religious spouses often opt to use arbitration for divorce so their religious leader (e.g., a rabbi) can make the final divorce decisions. When it comes to child custody, the outcomes of religious arbitration are often based on gender.

Divorce mediation versus arbitration

In divorce mediation, an impartial third party facilitates a conversation between the spouses to encourage a settlement. If they cannot settle, they can try a different ADR method or go to court.

There are a few key differences between mediation and arbitration:

• Mediators do not make decisions for you.
• Mediation requires the spouses to have some willingness to compromise.
• Mediation is more widely available, even required in some courts.

Mediation-arbitration is an option for divorcing spouses in some areas. The spouses agree to go to mediation first, then arbitration if they cannot reach a full settlement agreement.

Divorce arbitration cost

Although more expensive than mediation, divorce arbitration is generally cheaper than hiring a lawyer for a trial because arbitration proceeds faster.

Arbitrators charge by the hour or day, so the total cost depends on how much time you need. Expect to pay the equivalent of several hundred dollars an hour. You may only need a few hours of arbitration, which can be done in one day.

Expect fees as well, which can reach up to a few thousand dollars. You'll have to pay extra if you must rent the venue where the arbitration hearing occurs.

Usually, the spouses split all this evenly.

Don't forget to factor in lawyer fees. Most divorcing spouses hire lawyers for arbitration because it is just as serious and impactful as going to trial.

Arbitration for divorce with child custody

Although family law arbitration can include custody in some areas, getting custody arrangements through arbitration is not recommended. A judge can void the arbitrator's decision if they find it is not in the child's best interests.

Preparing for the custody aspects of divorce arbitration

Preparation is as important when you decide custody in arbitration as when you decide it in court.

You'll still be trying to convince an arbitrator — just like a judge.

A proposed parenting plan with a custody schedule presents your argument persuasively. You may also want to present messages exchanged with the other parent, a log of important interactions with the other parent, your child's expenses, and more.

The Custody X Change online app lets you create all of this in one place.

It has:

• A parenting plan template
• Customizable parenting calendars
• Printable parent-to-parent messaging
• A parenting journal
• An expense tracker
• And beyond

Custody X Change prepares you for any method of deciding parenting arrangements.

It empowers you to get what's best for your child.