June 23, 2022Author: Grant Moher, Esq.
My spouse and I have decided to divorce. What are our options?
Each divorce, like each relationship, is unique. Some couples find they are able to end their marriage with very little court involvement. Other divorces are more complex, requiring more legal counsel and court oversight. No matter what your situation is, seeking legal advice from a qualified divorce attorney is a step in the right direction.
- Uncontested Divorce:
In an uncontested divorce the spouses have already agreed upon all the terms of the divorce and require the legal support an attorney for drafting and filing legal documents. Couples entering into an uncontested divorce must have in place the requisite separation documents and have met the required time allotment to file for a divorce.
Many couples in the midst of a relatively amicable divorce find that mediation is a good option for them. In this type of divorce proceedings both parties meet with a neutral mediator who will help negotiate any minor differences regarding the divorce. The mediator will then create all the necessary legal documents.
- Collaborative Divorce:
Like mediation, a collaborative divorce takes place outside of court. A collaborative divorce does require that each spouse is represented by legal counsel. With collaborative law each spouse is assured that his or her legal interests are represented by counsel, but not determined by the court.
When a couple finds they cannot agree on some or all of the issues regarding their divorce, they may have to go to court. In litigation each spouse maintains legal representation and a court makes the final decisions regarding contentious aspects of the divorce.