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Could we use arbitration before we get a divorce, to hammer out some details?

Yes, this idea is becoming more popular. Some couples are utilizing a pre-divorce arbitration to resolve any disputes they may have before the divorce.

For example, suppose a couple agrees that they should be divorced, but they cannot agree on the amount of spousal support. Rather than litigate this issue in front of the family court, which can be time-consuming and expensive, they will submit to arbitration to decide the award. The arbitrator’s decision will be binding as agreed to before the actual arbitration hearing. All that will remain will be for the divorce court to confirm the arbitrator’s decision.