How A Divorce Attorney Can Help You Avoid A Contested Divorce
Although surprising, most couples in the United States sort through their problems on their own and ride through the court process with few difficulties. It may seem shocking that so many people can put their differences aside and work together without the aid of a divorce attorney, but just because they were able to come to an agreement doesn’t mean they did it without legal aid. Many uncontested cases are the result of a collaborative or mediated effort with the assistance of a qualified divorce attorney. Having professional legal aid greatly eases personal tensions and gives an outside perspective on the situation to help both parties come to satisfactory compromises and solutions.
Many former couples can successfully work together, if they are aided by a divorce attorney to provide legal as well as emotional support during the process. By having another outlet to speak through, often times more logically and of course emotionally detached, parties come to an amicable conclusion sooner and often with less financial strain if they were to duke it out in court. These cases often end quite well with both parties feeling confident about their decisions and resentment is minimized than if the court forced one or both parties into a decision.
The problem that lies with the collaborative method is if the situation dissolves and becomes a contested situation. In these cases, the attorney used during the collaborative process cannot be involved with the new case, nor can any documents used during the process be brought to the new trial. This can be extremely stressful and involves both parties starting the entire negotiation process over from scratch. It can also be expensive and time consuming to hire a new attorney and go to trial.
Somewhat similar to the collaborative process, mediation involves both parties working through negotiations together with the aid of legal professionals such as a divorce attorney or professional mediator trained to deal with family court legalities. During this course of action, a contract is created between the two parties detailing how assets and finances shall be divided, as well as child issues such as custody, support, and visitation rights. If an agreement is met, the documents are submitted to the court with a high likelihood of acceptance.
Although each of these methods can seem difficult for those dealing with the stress of separation, learning how to cope and communicate with a former partner leads to greater success in the future, especially if there will remain a long-term bond such as children or a shared business. The key to keeping these meetings civil is having a quality divorce attorney to help maintain your perspective and keep you on track. Former couples that find they continually fall into disagreement or arguments can still manage to avoid a lengthy and often dissatisfying trial (or several) by using mediation or collaborative efforts. So before you resign yourself to spending a small fortune, consider working together with your former partner one last time.