Choosing the Best Divorce Process

By |2017-09-29T15:33:28+00:00September 9th, 2017|Divorce|0 Comments

When you have come to the realization and acceptance that your marriage is over, getting divorced is your end goal. Yet, there are many important actions to be taken, and decisions to be made that will shape how you reach that final, end goal. Who will represent you, and how that representation will be fulfilled will play a big part of your divorce process.

Before any such actions or decision can be made, you must stop and think for yourself, about what you, as individual needs. Your persona, your beliefs, and your lifestyle will determine how your divorce will proceed. There is no one route to getting a divorce, and that is why you must make sure that this very important, life changing experience is personalized to benefit you. The facts of your marriage are a story of your past and that story must be represented in a manner that best illustrates you and your needs.

Finding the right fit procedurally is your first step. A divorce can be carried out in one of three ways: Litigation, Mediation, or Collaborative Law. First, litigation is a process where one or both parties file a court complaint to give a judge the complete authority to resolve family disputes. Second, mediation is a negotiation between spouses to determine how their marriage will end without litigation. Mediation allows the parties, without the interjection of a judge to control the divorce process from start to finish through alternative dispute resolution. Lastly, in a collaborative divorce, the spouses and their attorneys negotiate a divorce settlement without going to court. The focus is on resolving issues through cooperation; thus communication with your ex-spouse is fundamental to this process. Collaborative Law is truly a group effort in which the parties and professionals collaborate to create a resolution in a family law matter. As with most alternative dispute resolution processes, this is a voluntary process that requires two willing parties to commit to a process until mutual resolution is reached.

Once you have chosen which path is best for you, you must find an attorney who is experienced in the process that you have chosen. Understanding the ethics behind the attorney’s work will allow you to make sure that the attorney will be a voice for you, and a guide to help you make it through this very difficult, yet important time in your life. At any time during the divorce process you can change the way the divorce is carried out, and having a lawyer that is experienced in Litigation, Mediation, and Collaborative Law may be the best fit for you.

Choosing the best means to obtain a divorce and choosing an experienced attorney to represent you will allow for a more relaxed and secure process.

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