Consultations with an attorney is often recommended in even amicable situations, as they can assist with reaching an amicable agreement that best serves your interests, and assess how a judge might view certain terms if your case goes to trial.
When selecting a divorce lawyer, be sure to choose one with experience in family law as this will enable them to handle all aspects of your case effectively.
Litigation
Traditional divorce litigation typically entails a judge determining issues like property division and child custody. Litigation becomes necessary when couples cannot reach an agreement themselves, or when their disagreements require intervention by an impartial third party.
Litigation may be time-consuming and stressful, but it can provide a clear structure with set deadlines and procedures which can provide much-needed reassurance during a challenging life transition. Litigation allows access to legal expertise not available through mediation or collaborative law and also permits expert witnesses to be brought forward as witnesses for specific arguments.
If your spouse is refusing to cooperate with sharing financial information or has been accused of domestic violence, divorce litigation may be the only way to force disclosure and secure protective orders. Litigation also allows attorneys to subpoena third parties for income and credit card data that will help create an accurate picture of his/her finances.
Mediation
Divorce mediation is an increasingly popular solution for couples who cannot reach agreements on key issues like property division and child custody. A neutral third-party known as a mediator facilitates talks between spouses to find compromises – unlike the lengthy court battle process which often comes at great expense and time cost.
At the outset of mediation, the framing stage entails helping each spouse identify their “needs and interests.” These include specific outcomes they seek as well as any concerns, priorities, goals or values that they hold important – all important aspects that will ensure a satisfactory settlement agreement for both sides.
Step two is the “Generating Options Stage,” during which a mediator assists both spouses in brainstorming solutions to each issue and coming to mutually acceptable compromises. After this stage, negotiations begin between each couple on each issue before finally signing an agreement that the mediator drafts for both sides to sign.
Collaborative law
Collaborative law, an emerging form of alternative dispute resolution, allows divorced couples to settle their issues in an amicable environment more quickly and more effectively – particularly around child custody matters.
Both parties hire collaborative attorneys who then gather in an impartial location to begin negotiations, with assistance from mental health specialists or financial experts as necessary.
Once a settlement is agreed upon by both parties, they sign a participation agreement binding them to move forward using that method rather than litigate in court. If collaboration fails, both sides must retain new lawyers and restart the process from scratch.
While collaborative divorce requires much work and cooperation from both sides, its many benefits make it worthwhile. It can often be much quicker than a traditional divorce; less costly; more nuanced solutions; and can even help build communication skills which could prove useful if any future disagreements arise.
Settlement
An attorney can guide you through an emotional and complex legal process with ease, advocating on your behalf during negotiations and helping to secure a fair divorce settlement that addresses all critical issues to your future. They can assess how judges might perceive particular matters in court proceedings as well as clarify any terms proposed by your spouse that leave you confused so as to ensure you’re not taken advantage of by either party.
Many contested divorce cases are settled prior to trial; those that cannot be resolved out of court move toward trial. At trial, a judge will listen to arguments and review evidence before rendering a final ruling that will be recorded as part of a Judgment of Divorce documenting its end and resolution of all contested issues.
One of the primary grounds for divorce is irretrievable breakdown, which recognizes that the marriage has broken down to such an extent that coexistence no longer possible between both partners. Other grounds can include adultery, abandonment and cruelty.
