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During Divorce, it is Essential that You have Knowledgeable Legal Representation to Protect Your Rights and Interests

Posted by on Mar 28, 2017

An article in the website of the law firm Marshall & Taylor PLLC, says, “Choosing to end a marriage can be a difficult decision to make, but sometimes, it may be the best option for you and your partner’s situation. Unfortunately, even after this emotionally-wrenching decision has been made, there are likely a variety of different issues, from property division to child custody that will need to be effectively addressed in order for the divorce to be successful and for both partners to begin their new lives apart.

In order to ensure that you reach a fair and equitable settlement for your divorce, it is essential that you have knowledgeable legal representation to protect your rights and interests.” Equally important is the process through which divorce will be settled as this can totally affect divorcing spouses’ attitude towards each other and towards their child/children after they separate. The following are the available ways a marital union may be dissolved:

  • Contested Divorce, also known as litigated divorce, is the traditional way of ending marriage. It is settled in a family court, open to the public and can drag on for months or years depending on the number of divorce-related issues that need to be settled. These issues can include custody of child/children, payment (and amount) of child support and/or spousal support, and division of properties, assets and debts.

Because of its adversarial approach, people who sit in court witness how divorcing spouses discredit one another through their lawyers. In this divorce process, all decisions are made by a judge.

  • Uncontested Divorce. Besides arriving at a settlement without having to go to trial, this divorce procedure is quicker and cheaper compared to contested divorce. Uncontested divorce is a private process. It also does not mean agreeing outrightly about the issues related to divorce, however, if there are disagreements regarding certain issues, then negotiations are made. The main issue about this type of divorce is, despite the disagreements and the need to negotiate, the spouses remain to be in control and are sure to get through everything.
  • Mediated Divorce or Divorce Mediation. This private, out-of-court legal procedure allows spouses to settle all divorce-related issues by themselves. A mediator, who is a neutral third party and who is chosen by the spouses, sits with them to help them reach an agreement. This mediator does not make any decisions regarding any issues – these are made by the spouses themselves. Part of what he or she does is to make sure that the spouses are able to talk and argue openly, but in a way which will not destroy the amicable process which they chose in settling the issues at hand. Though each spouse may or may not be represented by an attorney, who can help them understand the legal matters related to divorce and know if the agreement arrived at is reasonable and worth signing, compared to contested divorce, this process is still much cheaper.
  • Collaborative Divorce. In this type of divorce process, both spouses have their respective lawyers who, with the spouses, work cooperatively in settling the divorce case. For fair negotiations, it is necessary that each spouse discloses all important information that will affect the divorce and all related issues. In the event that this process does not settle the divorce case, each spouse will have to hire new attorneys who will take the case to trial.

Because divorce is a particularly emotional time, and the choices that you and your partner will make can have enormous consequences for both your own lives and the lives of any children you may have, being represented by a compassionate and knowledgeable attorney throughout the entire divorce process will be for the benefit of everyone involved.

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