
Getting a divorce can feel overwhelming and stressful, especially if you aren't sure what your legal options are and which techniques will maximize the protection of your best interests. There are a few different legal options to consider using before officially filing for divorce from your spouse. Consider the following three effective options to start thinking about which is best for you.
Mediation Work
Mediation is an effective legal option to consider and can help minimize family stress while you are going through a divorce. The mediation process involves working with your spouse and a neutral third-party mediator who will help ensure that things are fairly discussed and agreed upon.
In mediation meetings, you get to control the conversation and negotiation topics. There is typically quicker resolution to most aspects of a divorce when mediation is used as opposed to when courtroom procedures are used. Mediation also tends to be less costly than other legal options that could be used during the divorce process.
Any children being affected by your divorce can benefit greatly from mediation too. The household is usually less stressful with mediation, and the kids get to see their parents cooperate at least some of the time as the couple negotiates a resolution. Your lawyer can still be part of the mediation process by helping you prepare for each meeting and by representing you in those meetings.
Lawyer-Driven Deals
Lawyer-driven divorces
consist of each party having their attorney work to gain the most favorable outcome for them. This is a tactic most used by spouses who can't get along with one another well enough to agree on any aspects of their divorce. These types of divorces are expensive and can drag on for months or years before being resolved.
If the lawyers can't resolve all of the issues surrounding your divorce through negotiations, the case may end up in litigation. In litigation you may be compelled to try mediation with a mediator not of your choosing, and then your lawyers will sit down for direct negotiations.
If some issues are still left unresolved after the direct negotiation process, you and your spouse will probably go to trial. At trial, officials will present documents, call witnesses, and perhaps even call on your children to testify on the behalf of either you or your spouse.
In the end, lawyer-driven divorces tend to end with resolutions either or both spouses don't agree with. However, if you can't communicate with your spouse, this option works well because your lawyers can act as buffers and hopefully take a little stress off the overall situation.
Collaborative Efforts
In a collaborative divorce, you and your spouse will take advantage of a mix of lawyer-driven services and mediation efforts. Both parties are represented by their own lawyer, and each person signs an agreement to participate in the collaborative law process.
Each lawyer is committed to utilizing cooperative measures in lieu of combative techniques when working to resolve your divorce once and for all. Several meetings between the lawyers and spouses take place to discuss and negotiate all aspects of your divorce before it's finalized.
Third-party service providers may also be brought into the meetings to help solve ongoing disagreements. With collaborative divorce, there is less of a chance that you'll end up in litigation and more of a chance that you'll build an amicable relationship with your spouse that you can enjoy well after the divorce is finalized.
Schedule an initial consultation
today to learn more about these legal options and how each can meet your specific needs. Joseph E. Walden has the experience and insight you’re looking for in a reliable divorce representative.