There are four (4) basic approaches to resolve a Divorce:
1. Collaborative Process – The key difference between Collaborative Practice and conventional divorce is the pledge to reach an agreement before going to court. You and your spouse keep control of the decisions yourselves, rather than giving it up to a judge. In order to accomplish that, all of the parties consent in writing to be part of a respectful process that leads to an out-of-court resolution. With Collaborative Practice, the goal is to develop effective relationships, solve problems jointly, and prevent a court battle.
2. Litigation – This is the most common process. And, the most expensive process. There is much drafting of pleadings, motions and discovery requests in an attempt to figure out the pending issues in the divorce and to obtain documents, which will be entered into evidence so that the Judge can make findings and rule. In general, for every hour an attorney is in Court, there is at least 3 hours of preparation.
What most people don’t understand is that the Judge can only make certain rulings. As to finances, the Judge will award an asset or liability to a specific party; equitably divide the asset or liability between the parties (“equitable” does not mean divide in half); or, order the asset to be sold, then equitably divided. As to the children of the parties, the Judge will adopt/ratify a Parenting Plan that is in the best interest of the child(ren). The litigation process does not allow the parties to have control over their futures, instead it gives the power to the Judge at trial.
3. Mediation – The parties meet with a mediator, who helps them to come up with options on how to resolve the pending issues in their marriage. The mediator is neutral and cannot give either party legal advice. And, the mediator does not make decisions for the parties, only suggestions. Again, mediation only works if you have all the needed financial and legal information to make informed decisions. So, it is best to have an attorney with you at mediation. Most parties attend mediation and resolve their Divorce before they end up in litigation and going to trial.
4. Kitchen Table – The parties sit down at the kitchen table and talk, which results in them reaching an agreement. Then, they draft up the agreement themselves or hire an attorney or paralegal service to draft the agreement for them. This is the cheapest strategy. But, it only works if you have all the needed financial and legal information to make informed decisions.
FOR MORE INFORMATION ABOUT THE DIVORCE PROCESS GO TO OUR WEBSITE @ www.EatonFamilyLawFirm.com
We have 2 locations to serve you:
Tennessee Office: 4000 Hillsboro Pike, Unit 715, Nashville, TN 37215 Phone number is: (615) 994-0123
Florida Office: 2247 Palm Beach Lakes Blvd., Suite 202, West Palm Beach, FL 33409. Phone number is: (561) 420-8500