Contested and Uncontested Divorce
Divorce proceedings can take over your life and lead to great expense and emotional hardship for your family. When facing divorce proceedings, the assistance of an experienced lawyer can make all the difference. You need a lawyer who understands your concerns, your needs, your goals, and who will work to help you find the closure your family needs to move forward. Contact Sally’s office online or call 972-419-8308 to discuss your divorce options.
Often a divorce cannot be resolved except through litigation. A contested divorce means that decisions will be made for the parties by a judge, or sometimes a jury. There are strict rules about what information or evidence may be presented in court, and it’s vital to have an experienced family law litigator to represent you in court to ensure the judge or jury hears the most important factors before deciding the outcome.
Sometimes couples can achieve an amicable parting of ways and for them, an uncontested divorce may be a good option. You should still have legal representation to ensure the process is handled smoothly and accurately and to be certain your interests are represented during the divorce proceedings. A qualified family law attorney can represent you in an uncontested divorce, as well as at mediations or negotiations that may be necessary to settle any issues of property division or custody agreements involving children.
Most cases are resolved through some sort of negotiation. Many clients resolve cases themselves at the kitchen table, and ask an attorney to draft an order that complies with their agreement. In the event the parties do not resolve the case themselves, the attorney can negotiate on behalf of the client, either informally or through mediation.
Mediation may take place at any point in the divorce process. Mediation is conducted by a mediator, who is often a former judge or an experienced family lawyer. Mediators don’t take sides, and are used for the sole purpose of trying to help people reach a settlement. Mediators are neutral and can offer clients a different, unbiased perspective. Also, having both clients, both lawyers and a mediator in the same place at the same time with everyone’s attention focused on getting a settlement can often create a positive environment for making agreements.
In Collaborative Law, you, your spouse, and lawyers agree in advance that no one will take any contested issue to court. The Collaborative Team, which often includes family lawyers, mental-health and financial professionals, focuses all its attention on finding ways to restructure a family so that everyone involved gets their needs met to the greatest extent possible.
Collaborative Law starts with the idea that most people want to move through family law matters as quickly and efficiently as possible. Most people do not want to harm their spouse and children; they just want to change their situation from the way it is to something they believe will work better. Collaborative Law eliminates much of the strategic game playing that often accompanies litigation, as well as hard feelings that are created when one person has to win and the other has to lose. In the unlikely event that clients are not able to settle their cases using the Collaborative Law model, litigation attorneys can still take the case to Court.