Divorce can be a problematic as well as emotionally tolling procedure on all parties involved. When it comes to separation, there is not just one path to divorce. Each parties can choose to hire a lawyer to epitomize them during the divorce process, parties can choose to work together with a mediator to support them in making a harmonious agreement or each party can choose to hire a concerted divorce lawyer and work with each other and the attorneys with the goal of resolving matters and avoiding court. A divorce can be contested, uncontested, or granted by default.
Following are the differences explained by lawyers of Morrison Family Law:
It is always the minimum costly and finest choice to try and settle a divorce in an uncontested way. An uncontested divorce is where you and partner work together to craft an accord on the terms of your divorce. As per lawyers of Marrison Family Law, by working together and deciding on the terms, you can avert going to court.
A court will permit a divorce by default if a party files for separation and the partner does not response after being properly served with the paperwork and divorce complaint. This can be used when a spouse’s position is unspecified or is reluctant to participate in the divorce process.
If you and your partner cannot come to a deal on the terms of your divorce, you can bring your problems in front of a Master and Judge. You will go through the process of swapping discovery such as settlement negotiations, financial documentation, hearings, and, if you cannot come to an agreement after these exchanges, you will have a hearing.
Fault and No-Fault Divorce
It used to be that a divorce could not be permitted unless there were fault grounds. Those days have passed, and we now have no-fault separations. Parties can still choose to divorce on fault grounds for reasons of abandonment, adultery; nevertheless, it can be very costly due to the controversial nature of the divorce.
Mediation is an alternate method of dispute resolution, which is offered to parties undergoing divorce, separation, or custody issues. Mediation is distinct from custody litigation or traditional divorce, because the parties work together to make a decision between themselves what is best for them and their kids. In conventional divorce litigation, the parties are opponents and the decision is left in the hands of the Judge or Master. In Divorce or Custody Mediation, the arbitrator does not act as a Judge or an advocate, instead, the mediator helps the parties work collectively to decide on their own how to resolve their disputes.
In Collaborative Law Practice, the partners willingly disclose all information appropriate and substantial to the issues that must be decided, the parties agree to use good confidence efforts in their discussions to reach mutually beneficial settlements, each party must be embodied by an attorney from Marrison Family Law, the representation of the attorney ends upon any contested court proceeding, the parties may mutually engage specialists as required whose engagement ends upon contested court proceedings.