Divorce is often a financially and emotionally draining time
It may seem like the only way to end a marriage is to give the other spouse up and walk away from the other person. But a competent divorce attorney can make the process much easier for you. A divorce attorney may explain if there are benefits to requesting the courts to dissolve the marriage upon fault grounds alone, such as adultery or desertion. In some states, requesting a divorce on these grounds alone is sufficient for a complete divorce. Many attorneys also allow their clients to request a divorce on these grounds with the consent of the other spouse.
A divorce attorney may work primarily through a collaborative practice. This means that he or she will not accept or handle cases solely through private practice. If the client requests a divorce only through one legal aid service, then that attorney will generally offer his or her services to that legal aid service as well. In this case, the attorney maintains a joint practice and retains the services of two other attorneys. The client and each attorney agree to a payment schedule for legal services in this case.
A collaborative divorce is preferable to a trial
Divorce mediation is a very common method of ending a marriage when both parties are reasonably amicable and there are no children involved. If you are going this route, then it is important that you have an attorney on your side, at least during the start. The mediation process may not necessarily be successful, especially if one of the spouses feels aggrieved enough to file a complaint against the other spouse. So it is important for you to have a divorce attorney on your side to protect your legal rights and possibly represent you in court. A good family law attorney can also present expert witness and other strategies that can ease the burden of financial and custodial issues on both sides.
This means that both parties cooperate with their divorce attorney and hire a collaborative mediator to help iron out any issues. Mediation usually takes place between lawyers who represent separate clients. The divorce attorneys help draft the necessary documents, make contact with the opposing parties and obtain the consent of the couple for the mediation process.
A judge will preside over the case if the parties are unable to agree on terms for the divorce. A family law judge can also make a decision about the division of assets and other matters not involving children. The mediator’s role is simply to facilitate the parties’ discussions. If you choose this route for your divorce, then your divorce attorney will assist in determining whether or not your divorce can be mediated.
No matter what route you take to achieve a divorce, it is important for you to have a good divorce attorney on your side. If you are able to come to an agreement between the two of you on all aspects of the divorce, then you will be far better off with a divorce mediation. Your divorce attorney will have helped you with every question you have asked and will be able to explain the law as well. However, if there is one major sticking point with your divorce, and that is child custody, then your divorce attorney must seek the help of a family law mediator to iron out the details so that both you and your spouse can move forward with your lives.