A divorce attorney is a very important person in the divorce process. Therefore, the selection of a divorce lawyer is equally important. A divorce is often an upsetting and distressing time. The parties are coming to a conclusion on property and debt division, alimony, child custody, and child support when applicable. A divorce lawyer helps the client navigate these various issues. The starting point is deciding whether the path forward is an uncontested divorce, contested divorce or collaborative divorce.
An uncontested divorce requires that a complete agreement exist before filing in court. If both spouses agree on all issues, it can save both parties financially, emotionally and assist in the future ability to efficiently co-parent. A contested divorce is when one spouse files while an issue remains in dispute.
The parties work out an agreement on their own. A divorce lawyer or the same law firm should not represent both parties. The law firm will draft the settlement agreement in accordance with the spouses’ agreement. The law firm cannot offer legal advice to an unrepresented spouse or a spouse that has a lawyer. Unrepresented spouses should contact other counsel for legal advice in regards to their divorce.
A collaborative divorce is when spouses are not in agreement, both are represented by a divorce attorney and both desire to move forward with your divorce in a cooperative way. A collaborative divorce is not realistic for all divorcing spouses but can save the parties financially and emotionally. When the parties proceed with a collaborative divorce, the parties work through their disagreements with their respective divorce attorneys. A signed Settlement Agreement, prior to a court filing, is the goal of a collaborative divorce. It is ideal for spouses that have differences to work through but want to avoid trial and the associated stress and additional expenses.
A contested divorce is when the spouses do not agree on one or more issues including Alimony, Child Custody or Visitation, Child Support, or Property Division. Collaborative divorce may also not be realistic for the parties because of a hostile relationship or history. One or more parties may also just be ready to file and not have the patience to proceed with a collaborative divorce. Generally, a contested divorce is the most expensive type of divorce. Discussing options with a skilled divorce attorney can be helpful in decision making.
Should you need an experienced divorce attorney and you wish to discuss your legal options in regards to a contested divorce, uncontested divorce or collaborative divorce, simply click on Contact Us or call 770.492.2974 to schedule a consultation. Lunn Law has offices in Clayton County and Fayette County, Georgia.