Divorce Mediation and Litigation for Dads
Resolving Legal Issues and Completing the Divorce Process
When you get divorced, you'll need to resolve a wide variety of legal issues, including determining how to divide your marital property, how to handle child custody and visitation, and whether one of you will pay child support or spousal support to the other. As you work to complete the divorce process, you and your ex may agree to work together to reach a settlement, or you may need to resolve matters in the courtroom. Typically, divorce disputes are resolved in one of the following ways:
Negotiation and Collaborative Law
The two of you may be able to work together to negotiate a divorce settlement that addresses all of the outstanding issues and provides you with a framework to follow after your divorce is complete. During these negotiations, you may communicate directly with each other, or you may work with your respective attorneys to request information from each other and make suggestions about how certain issues should be resolved. Ultimately, the goal will be to reach a settlement that you can both agree on. You can then enter this settlement in court, and your divorce decree will be issued, legally dissolving your marriage.
Collaborative law is one method of negotiation in which divorcing spouses agree to work cooperatively, along with their attorneys, to reach a settlement. In these cases, spouses will sign a collaborative agreement in which they make a commitment to be open and honest and provide each other with any information requested. Typically, the parties' attorneys will withdraw from the case if an agreement cannot be reached, and new legal representation will need to be obtained when resolving the outstanding issues in court.
Mediation
You and your ex may be able to work together with a mediator to identify and resolve the various issues in your divorce. The mediator will serve as a neutral third party who will guide you toward reaching compromises that you can both be satisfied with. While divorce mediators are often family law attorneys, they will typically not offer legal advice; instead, they will help you both understand your rights and work with you to determine the best ways to resolve matters in a way that will provide for your needs and protect your children's best interests.
One benefit of mediation is that it is completely confidential, and anything discussed by you, your ex, or the mediator will not be admissible in court. It also provides you with complete control over the outcome of your divorce, since the decisions made will not become legally binding unless you both agree on them. In many cases, mediation will allow you to complete the divorce process much more quickly and efficiently, and it can help you and your ex establish a new relationship as co-parents.
Litigation
If you're unable to reach an agreement on some or all of the issues in your divorce, it may be necessary to resolve these matters in the courtroom. In a divorce trial, both you and your ex will be able to present evidence, call witnesses, and make arguments for why the judge should decide in your favor. The judge will make a final ruling on all outstanding issues, and a divorce judgment will be issued. This judgment will be a court order that both you and your ex will be required to follow.
Whether you will be able to work together with your ex to reach a divorce settlement or expect that you will need to fight for your rights in the courtroom, you'll want to work with an experienced divorce attorney. Your lawyer can make sure you understand your rights and the legal options available to you, and they can help you determine the best strategies for completing your divorce successfully.
