Alternative Ways to Proceed with
Family Law Dispute Resolution – Generally
Marriage is a beautiful lifelong process. You want it to last a lifetime. Divorce is not. It is what has become the inevitable resolution of irreconcilable marital conflict. As one lady told me when she first came to see me: our divorce has been the most painful, horrid, ulcer producing, agonizing event, you can imagine. I wish I could put on this piece of paper for all the world to see, a picture of what divorce feels like. Maybe, my picture would stop people before it’s too late. Go through it as quickly as possible. It will be better for your children, for your ex and most of all for you. Only attorneys win in long-lasting nasty, expensive divorces.
The type of divorce you choose dictates how you will go about resolving your family law matter. The most common divorce process options: Do-it-yourself divorce, mediation, collaborative law, and litigation. You must decide what is best for you. There are advantages and disadvantages to each. Here we will provide general consideration and a brief description of each; future blogs will go into detail as to each. Regardless of how you proceed, you must: gather relevant information and know the law, procedures, and costs associated with each.
Do it yourself divorce. You may file a Simplified Petition for Dissolution of Marriage if: (1) you and your spouse agree that your marriage cannot be saved, (2) you and your spouse have no minor or dependent child(ren) together, the wife does not have any minor or dependent children born during the marriage, and the wife is not now pregnant, (3) you and your spouse have worked out how the two of you will divide the things that you both own and who will pay what part of the money you both owe and you are both satisfied with this division, (4) you and your spouse are not seeking support from the other, (5) you and your spouse are both willing to go into the clerk’s office to sign the petition, not necessarily together, (6) you and your spouse are both willing to go to the final hearing at the same time, and (7) You are willing to give up your right to trial and appeal. If not, you must file a regular petition for dissolution of marriage.
Mediation. Mediation is a way for people who are having a family dispute to talk about their issues and concerns and to make decisions about the dispute with the help of another person (called a mediator). A mediator is not allowed to decide who is right or wrong or to tell you how to resolve your dispute. In mediation, you can try to find solutions that make sense to you and the other person in the dispute to resolve some or all of your concerns. While the goal is to try to work something out, you may decide it would be better for you not to agree. Sometimes emotions may be driving the dispute, which can make talking to the person or party with whom you are in dispute difficult. A mediator can assist you in easing the way for communication. The mediator is there as a neutral person to help you focus on solving your dispute; however, the mediator is prohibited from providing therapy, counseling, or legal advice.
Collaborative Law. Collaborative law is a cooperative, voluntary conflict resolution vehicle for couples going through a separation, dissolution, or other family law matter. The participants, which include both the attorneys and the couple, acknowledge that the essence of “collaborative law” is the shared belief that it is in the best interests of the couple and their families in family law matters to commit themselves to avoid adversarial proceedings and instead to work together to create shared solutions to the issues presented by the couple. The goal of collaborative law is to minimize, if not eliminate, the negative economic, social, and emotional consequences of litigation to families. Choosing collaborative law requires a commitment to resolving differences justly and equitably.
Litigation. Divorce actions often become complicated due to disputes over child issues such as shared parental responsibility, time-sharing, children with special needs, support issues for the spouse and the children, determination of marital and non-marital assets, equitable distribution of marital assets and liabilities, and payment of attorney’s fees and costs, including expert witnesses to name a few. When issues are complex, proceeding to resolve the issues without the assistance of an attorney would be likened to doing brain surgery on yourself.
Disclaimer: This blog is not intended to provide legal, financial, or emotional advice or suggest any particular outcome. The article is for informational purposes only. Each case will differ factually, and the law may have changed since this blog was published. The reader considering legal action should consult with an experienced lawyer to understand the law and how the individual facts may affect his or her case. Every effort has been made to ensure the accuracy of this blog at the time it was written.
ABOUT THE AUTHORS: Attorneys at Carlos del Amo, P.A. (Delamolaw)
Delamolaw specializes in family law matters. Carlos del Amo, the lead attorney, has been handling family law cases for over thirty-one years. He is a certified family law mediator and trained in collaborative law. We are passionate about helping you resolve your family law matter quickly and amicably, if possible. It will be better for your children, for your ex and most of all for you.
We offer you the services of professionals who benefit from an excellent standing in the legal community, high legal ability, and ethical standards. We are litigators; the opposing side knows, if needed, we are ready to fight to the end. Our extensive experience has shown that the only way to maximize results for our clients is to be ready to go the full distance.
We treat you with respect. The attorney who handles your case will be the first person you meet, and the last person you see after the case ends. We begin each representation by making a full detailed analysis of the factual and legal issues of each case. We are ready to listen and address your concerns. We give you the respect, time, and effort you and your case deserves. We are honored that our clients have placed their trust in us. We want to help you. Please contact us for a free initial consultation. You have nothing to lose; you will gain peace of mind.
We at DELAMOLAW are ready to help you in any legal matters. For specific comment or additional questions, legal advice, or to learn more about us, please contact us @ firstname.lastname@example.org, Phone (305) 443-7005, Fax (305) 443-2238.