When you are seeking the services of a family law attorney it is very important that they have experience in dealing with your specific situation and a solid understanding of divorce proceedings. This is especially true if you have filed for divorce yet are not sure where you stand. It is also important that you fully understand the legal process involved and have an understanding of your rights as well as those of your former spouse. It is critical to retain only an attorney who will work diligently to ensure that you have the best opportunity to obtain the fairest outcome for your divorce.
A collaborative divorce is when both spouses are represented by their own individual attorneys. Mediation is a form of alternative dispute resolution (ADR), which involves a third party assisting a couple resolve their divorce via confidential, mutually agreed negotiations. The certified mediator may be either a licensed therapist social worker, or an attorney who has been professionally trained in collaborative negotiation. This type of mediation often results in a much more amicable settlement than does a traditional litigation process.
Separation and divorce are very complicated situations that require the assistance of an experienced professional. There are many aspects to a separation and divorce that divorcing couples will need to discuss and decide upon. When considering the filing of a divorce action, the primary issue at play is whether there is a possible future possibility of reconciliation. Many couples decide to divorce because they cannot agree on how to separate their finances or on the division of their marital property. Couples may also desire to separate their children from their spouse.
No matter what the reasons are that individuals choose to file for divorce, they must also seek the advice of an experienced divorce and family law attorney. It is always wise to have a mediator to assist you in this very complex situation. Divorce mediation is extremely helpful if both parties are seeking an amicable resolution to the divorce. Mediation can occur before or after the filing of divorce papers, whichever is preferable for each individual. Divorce mediation can be extremely helpful if one party is financially strapped and unable to retain a lawyer or retain the services of a proficient divorce and family law attorney.
It may be beneficial for you to have your attorney present during the filing for divorce in court if there are children involved. Your attorney can advise you on how to protect any pension or retirement accounts that you may jointly possess with your spouse. If you have determined that there may be a difference of opinion regarding any property or assets, your attorney can mediate a settlement agreement that ensures that both parties receive their fair share. Your attorney can also advise you on how to best present your case in court so as to maximize your chances of winning the case. Your attorney can also prevent the other party from coming out with negative stereotypes about you or otherwise trying to paint you in a bad light.
It is very common for both parties involved in a divorce to hire their own individual lawyers. Although a lawyer’s fees will definitely be additional than those of a spouse who does not have a lawyer, it is advisable to have one on retainer just in case your lawyer becomes unavailable. In addition, it is much less expensive to retain two separate lawyers instead of one. The divorce process can become quite complicated when one spouse has substantial assets such as a home or business. If one spouse is able to retain only one lawyer, they must divide ownership of these assets equally.
For couples who have gotten married before 2021 and whose marriage is still legally intact, it may be possible to get a legal separation. Legal separation is achieved by separating legally from your partner; you will not be required to file for divorce, however, it is recommended that you consult a divorce lawyer to make sure that you are legally separated. A legal separation is not a prenuptial agreement and therefore, cannot be enforced in court like a prenup.
Another option available to couples who wish to pursue a quick divorce is through a no-fault or mediation process. No-fault means that both parties agree to the divorce beforehand, either through an agreement in court or through a mediation session. Mediation can be extremely helpful, as both parties can speak with a neutral third-party that they feel comfortable speaking with. A mediator may also help to bring parties together who otherwise would be sitting separately in a courtroom. It is important to note that some states do not permit mediation, and divorce can only be filed after a court hearing. Regardless of which option you choose, hiring an experienced divorce attorney is a great way to ensure that your divorce will be contested properly.