We Want to Get Divorced But Don't Want to Go to Court

 Posted on November 30, 2025 in Divorce

So you and your spouse agree the marriage is over, and you both want to move forward with your lives. But the idea of fighting in court and spending months or years in litigation sounds exhausting and expensive. The good news is that for most divorces, fighting things out in court is not necessary. Alternative dispute resolution methods allow couples to end their marriages more peacefully and efficiently in 2025 and 2026. 

Maryland law provides several options for resolving divorce outside the courtroom. Our Dorchester County, MD divorce attorneys will help you choose the approach that fits your situation and goals.

What Is Divorce Mediation?

Mediation is the most common alternative to court for divorce. A neutral mediator helps you and your spouse have discussions to try to reach a divorce settlement. For most couples, this means handling issues like property division, alimony, child custody, and child support. The mediator does not make decisions or represent either party. Their job is to help spouses find common ground by guiding them to engage in productive conversations.

Maryland courts under Maryland Code, Family Law Section 9-205 encourage mediation for custody and visitation disputes. Many counties also offer or require mediation for other divorce issues before allowing cases to proceed to trial. Mediation works best when both spouses are willing to communicate and negotiate in good faith.

You can mediate with or without your attorneys present. Some couples attend mediation sessions alone with just the mediator. Others bring their attorneys to provide legal advice during discussions. After reaching agreements in mediation, attorneys draft the settlement agreement that becomes part of your divorce decree.

Saving money makes mediation a very attractive option for couples who want to stay out of court. Court litigation involves filing fees, motion practice, discovery, depositions, and potentially a long trial. These activities generate substantial attorney fees. Mediation and other alternatives typically cost a fraction of what contested litigation costs.

What Is Collaborative Divorce?

In a collaborative divorce, both spouses and their respective attorneys sign an agreement to resolve all the aspects of their divorce outside of court. If they find that they cannot resolve everything they need through collaboration, both attorneys must withdraw and each spouse has to find a new lawyer. This commitment creates a strong incentive for everyone to reach a settlement.

Collaborative divorce tends to include a team of professionals that can help spouses reach productive and creative solutions, including for complex issues like tax implications and parenting plans. Everyone works together in joint meetings to address all divorce issues.

Can We Use Arbitration to Get Divorced?

Arbitration is another alternative where you and your spouse present your case to a neutral arbitrator who makes binding decisions. Unlike mediation where you control the outcome, arbitration gives decision-making power to the arbitrator. But it is faster and more private than court.

Arbitration works well when you agree on some issues but are stuck on specific disputes. The arbitrator decides only the contested matters. You avoid a full trial while getting a resolution on problems you cannot settle yourselves.

What If We Agree on Everything in Our Divorce?

If you and your spouse agree on all issues, you can file for an uncontested divorce. One spouse files the complaint and settlement agreement. The other spouse consents. Many Maryland counties allow uncontested divorces to be finalized without either party appearing in court.

Even in uncontested cases, having attorneys review your agreement protects your interests. A lawyer ensures the agreement complies with Maryland law and addresses all necessary issues. Small mistakes in agreements can create big problems later.

Call a Dorchester County, MD Family Lawyer Today

Contact Zide Law Group, LLC at 410-760-9433 to discuss your divorce options. Our Catonsville, MD divorce attorneys provide each client with focused, supported, and personalized attention. With over 50 years of combined experience handling a range of family law matters, we can guide you through alternatives that help you resolve your divorce peacefully and move forward with your life.