Getting a divorce is far more complex than signing some papers and figuring out who will get the house. Sometimes, the emotional turmoil that comes with divorce can complicate the process and lead to a legal battle between both parties.
Many of these legal issues can be avoided with the help of an experienced divorce mediator or divorce lawyer. Here are some ways you can streamline the process.
Avoid going to court with divorce mediation
The legal issues surrounding your divorce can be resolved outside of the courtroom. During a divorce mediation, each spouse may be represented by an attorney. A third attorney or mediator helps both parties come to an agreement.
Divorce mediation can be beneficial because:
- It generally costs less than going to trial, since you don't have to pay court fees.
- Your divorce agreement and all other decisions (other than the final judgment) are kept confidential.
- Both spouses can take a unique approach to resolving legal issues and maintain control over the process without the decision of a judge.
- Your attorney can still offer you legal advice during the process.
The role of the mediator is to remain as nuetral and fair as possible. The mediator shouldn't take sides or make decisions for both spouses. Rather, a mediator may help you explore some options and allow both spouses to reach their own agreement.
Even after a divorce mediation agreement has been reached, you will still need to appear in court to finalize the divorce.
When should I hire a divorce lawyer?
If an agreement can't be reached by both spouses during the mediation process, then other options may need to be explored. One option may be to go to trial.
For example, if the division of assets can be agreed upon during the mediation process, the court will have to decide which assets are jointly or separately owned. A judge will then have to decide how assets will be divided. A judge's decision may be based on each spouse's income, as well as parental responsibility arrangements of each spouse.
Do I need a divorce lawyer for a divorce mediation agreement?
Even if both spouses come to an agreement at the time of mediation, the decision may be disputed in court. This usually happens when an agreement is poorly drafted. It can aslo occur when one spouse decides take legal action against the other spouse. This is where hiring a divorce lawyer is necessary.
An experienced divorce lawyer can review the mediation agreement and ensure that the agreed-upon terms of the divorce mediation are made clear.
If you and your spouse couldn't come to an agreement during the divorce process, the Illinois attorneys at Courtney Clark Law P.C. can help ease your complicated legal battle.
Contact us online to schedule your free case consultation or call us at (888) 204-3361.