A divorce attorney is a very important person in the divorce process. Your professional relationship with the divorce attorney can choose is equally important. A divorce is often an upsetting and distressing time. The parties are coming to a conclusion on property division, alimony, child custody, and child support when applicable. A divorce attorney helps their client navigate these various issues. One of the first starting points is whether an uncontested divorce, contested divorce or collaborative divorce is the path forward for a couple.
Where both parties come to a complete agreement prior to the filing of divorce pertaining to all issues in their marriage. If both parties agree on all issues, a signed agreement by both parties can save both parties financially, emotionally and assist in the future ability to efficiently co-parent. The divorce is contested if the parties disagree on any issue pertaining to the dissolution of their marriage.
The parties work out an agreement on their own. One attorney or the same law firm should not represent both parties. Our law firm will form the settlement agreement in accordance with the parties’ agreement. Our law firm cannot offer legal advice to an unrepresented spouse or a spouse that has an attorney. We encourage unrepresented spouses to contact other counsel for legal advice in regards to their divorce.
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. However, when it is utilized, it can save the parties financially and emotionally. When the parties proceed with a collaborative divorce, the parties work though their disagreements, with their divorce attorneys. The goal is to have a signed Settlement Agreement prior to a court filing so that a trial will not be needed.
Where both parties 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.
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.