Focusing On Family Law – And You
When you think about divorce, you probably conjure images of hard-fought battles playing out in court. While it’s true that some marriage dissolutions end up having to be fought out in front of a judge, yours doesn’t necessarily have to go that way. You and your spouse will have ample time to try to resolve your divorce legal issues prior to heading to court for trial, which gives you an opportunity to find fair and favorable resolution in a way that saves you time and spares you from conflict. But how can you go about finding the right resolution in your case?
It really depends on the circumstances at hand. There are multiple alternative dispute resolution strategies that might prove effective for you, so you should be sure to consider them all so that you can make a fully informed decision that’s right for you. Let’s look at some of your options so that you can start thinking about which avenue you might want to pursue in your divorce.
Divorce mediation
Through mediation, you sit down with your spouse and a neutral third-party mediator. The mediator’s job is to help frame the issues, assist the parties in articulating their position and find common ground that can lead to resolution. You can still be represented by an attorney throughout this process, and having a legal ally on your side can prove beneficial since they can help explain the viability of a mediator’s proposal and your likelihood of succeeding on any given legal issue if it doesn’t resolve through mediation.
Of course, succeeding at any type of settlement will require a willingness to compromise, but you still have to head into mediation prepared. Make sure you understand the nature and extent of the marital estate as well as what you want and need out of the process to build the post-divorce life you envision for yourself. So, devote the time necessary to preparing your arguments for mediation.
Although mediation can be incredibly helpful, it isn’t for everyone. This process may be particularly useful if there’s a history of abuse between you and your spouse, or if you suspect that your spouse is trying to stall the process. If you’re interested in mediation, be sure to discuss it in more detail with your attorney.
Collaborative divorce
If you and your spouse get along and you think that you’ll be able to resolve key divorce legal issues amicably, then collaborative divorce might be right for you. Here, you and your spouse work together, along with other professionals such as your attorneys, accountants and financial experts to find mutually agreeable resolution. This process, when properly utilized, is more peaceful in nature, since you and your spouse will work together to find an outcome that’s fair to both of you, and conflict will be diminished considerable, if not outright eliminated.
Again, this type of divorce will require proper planning so that you and your spouse can engage in meaningful conversation about what you want out of your futures and how your divorce’s resolution can help you get there.
Take control of your divorce
When your marriage is coming to end, it can easily feel like everything is spinning out of control. But you can end the chaos and bring order to your divorce by informing yourself about the issues in play, gaining a command of the facts and educating yourself about the dispute resolution processes that may be right under your circumstances. So, while being stressed and even a little fearful of the divorce process is understandable, now is the time to ease those concerns by proactively seizing the reins of your marriage dissolution.
