Divorce
Although divorce is an unfortunate and often overwhelming prospect, sometimes it is the best solution for both parties. Every divorce is as unique as the individuals involved, which is why it is critical to discuss all of the details of your particular situation. While we do not charge an initial consultation fee, lawyer/client confidentiality is observed.
Our law firm represents people seeking to dissolve their marriage. An attorney will help you through this often difficult process and make every effort to handle your case with as little aggravation and anxiety as possible, while at the same time protecting your interests in a fair resolution of any disputes.
As your attorney, we will help you through the difficult process of a divorce or separation, ensuring you receive fair financial treatment and custody issues (if any) are resolved favorably.
Types of Divorce
Litigated Divorce
A Litigated Divorce (contested divorce) is when the husband and wife do not agree as to the division of their property (including pensions, 401K money, and savings), alimony, custody of their minor children, and child support. A contested divorce usually requires the services of an attorney. If the parties still cannot come to an agreement after the assistance and advice of their respective attorneys, the court will make the final decision following a trial.
Mediated Divorce
Mediation has long been a successful resource available to individuals who are going through a divorce. Its purpose is to allow both spouses to sit down with a trained legal professional and discuss their issues in an open manner. The mediator does not represent either party, and does not promote or support one spouse’s position over the other. The mediator’s role is to facilitate open communication, and provide the individuals with options that are available for their particular issues. The mediation environment provides the parties with a way to find common ground and bring resolution to all areas without court involvement.
The Mediator:
The mediator (attorney) does not represent or advise either spouse individually, and does not promote or support one spouse’s position over the other. The mediator’s role is to facilitate open communication and provide the parties with options that are available for their particular issues. The mediator facilitates your discussions but does not give advice or determine decisions.
Benefits of Mediation:
The mediation environment provides the involved individuals with a way to find common ground and bring resolution to all areas without court involvement. Other benefits of mediation are:
Mediation is often less expensive than a litigated divorce.
The process can move as fast or as slow as the parties choose and you are not restricted by the availability of a court calendar.
You stay out of court. Everyone agrees to reach agreement outside of a courtroom.
You create workable solutions. The process gives you the freedom and opportunity to craft more creative solutions than are available through courts.
You save resources. Mediation is generally less costly and time-consuming than attorney-negotiated agreements and litigation.
You enjoy confidentiality. Proceedings remain private.
Collaborative Divorce
Collaborative Divorce is a growing area in the practice of family law which evolved from the Mediated Divorce described above, and the process is similar. However, in Collaborative Divorce, each spouse has their own respective lawyer who advocates for their position and provides them with individualized legal advice (as is the case in traditional divorce cases). Each spouse retains an attorney from a list of those attorneys who have received special training in the collaborative process. At the outset of the case, an agreement is signed that states that the parties and their lawyers will not pursue the customary motions and court pleadings. Instead, the couple and their lawyers have meetings to discuss all of the issues in an honest, forthright manner, and cooperate to resolve disputes and reach an equitable agreement.
Legal Separation
A legal separation involves the same legal steps as a divorce. However, instead of the court’s decree of divorce, a decree of legal separation is granted. Some married couples choose a legal separation over divorce for religious reasons, or for continuing certain employer or government benefits that would end
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