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The divorce option to avoid litigation

July 31, 2021 Uncategorized

The divorce option to avoid litigation

When you hear the word divorce, you generally think of conflict. Divorce is the legal and financial separation of two people’s lives as much as possible. To understand this process, we need to understand the tension that arises when the needs of one spouse are compared to the needs of the other. This is the conflict behind all divorces, but it can be resolved without going to court.

However, the mistake most people make when considering divorce is to assume that this conflict must be resolved through litigation. Divorce can be a very painful process, especially for a resentful spouse. Controversial divorces have become a cliché, with the tendency to think that all divorces, or at least most divorces, are dragged out by minor disputes over minor issues.

Fortunately, while such divorces do exist, they are not common and are not the only way to resolve a divorce dispute. If couples generally agree to a cooperative solution, they can avoid the divorce process and use other divorce methods to resolve their disputes amicably.

Collaborative divorce

Another type of divorce is cooperative divorce. It’s a legal process that allows couples to negotiate the terms of a divorce without having to fight it out in court. Cooperative divorce usually uses a combination of mediation and negotiation to reach an agreement on issues such as property division, child custody, child support and spousal support.

If a couple chooses an amicable divorce, both parties must be willing to work with the other to facilitate the process. If one side is not willing to cooperate, it will not work.

If a couple agrees to an amicable divorce, they should each get a lawyer to represent their interests. When choosing an amicable divorce lawyer, it is important to find one who can facilitate the divorce. Some lawyers like to litigate, but they’re not good enough. If you settle out of court, that opportunity is lost.

After legal advice, the divorce process may or should resemble a business transaction rather than a divorce. At the beginning of a lawsuit, the couple and their lawyer may sign an agreement to resolve all disputes amicably. If one of the spouses decides to contest the matter, either party’s lawyer is free to withdraw. Overall, however, this so-called “peaceful resolution” will be enough to motivate couples to work together on a very difficult issue.

Once an amicable divorce settlement is reached, it will be submitted to the court for approval. A judge will review the agreement and decide whether it is fair and reasonable for both spouses. This is especially important in custody and child support cases, where judges must consider the interests of the children.

If the judge accepts the agreement, the agreement will be signed and the divorce will become final.

Mediation in a divorce case

Sometimes an amicable divorce is not possible if the divorce results in litigation. In these cases, mediation can be useful for couples who do not want a judge or jury to make the final decision on their divorce.

Mediation is very similar to amicable divorce, but the main difference is that there is a neutral third party assisting the process. Experienced mediators can help the parties resolve their differences and find a reasonable solution.

However, as with an amicable divorce, mediation works only if both parties are willing to seek a solution that does not require a trial.

Advantages of alternative divorce methods

If you are considering an friendly divorce or settling your divorce by mediation, there are some very important benefits you need to consider.

Here are some benefits you should consider

  • Avoid legal costs
  • You can avoid having a judge or jury decide your case.
  • Allows both parties to control their own legal situation.
  • You can minimize the chances that an argument between a divorcing couple will escalate.
  • Give each partner a clear understanding of what’s important to the other
  • A spouse who puts the children’s interests first.

Do you need legal help?

If you are considering a harmonious divorce or divorce mediation with your spouse, please contact Spodek Law Group. Our lawyers have the experience and skills necessary to help clients find other divorce options other than going to court.

Spodek Law Group can represent clients like you who need to go to trial to resolve their divorce, even if you know that alternative divorce methods won’t work.



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