If you and your spouse are looking to dissolve your marriage, know that there is more than one path to divorce. Understanding the different types of divorce can help make the proceedings as quick and painless as possible.
Uncontested divorces are typically the most ideal choice; unfortunately, it is quite rare. That is because you and your spouse will work together to reach agreeable divorce terms and file the necessary paperwork. There is no trial, and a court appearance will not be likely. If you and your spouse can agree on all issues regarding your divorce, this is the best option as it saves the family from the pain of litigation. On top of being one of the simplest types of divorce, it will require less time and money to complete. Despite its ease, you should still retain a lawyer to help file the
On the other end of the spectrum are contested divorces. Couples who cannot agree on property division, child custody, child support, and/or alimony can bring these issues to a judge to decide in a contested divorce.
Parties involved in contested divorces will have to go through settlement negotiations and hearings to resolve their issues. If no agreement can be made, a court trial will be necessary. These cases are often complex and require an experienced lawyer to handle the legal proceedings.
A mediated divorce is when both parties meet with a trained third-party to guide them through the divorce process. The mediator’s role is to facilitate negotiations until a couple reaches a mutually agreeable settlement.
Unlike litigation, the mediation process is far less contentious and an effective approach for spouses to forego the heartache and hostility that is often part and parcel of this inherently adversarial method.
A collaborative divorce also involves working with lawyers, but not in a courtroom setting. Both you and your spouse will hire separate lawyers but work collaboratively to settle the case. Similar to mediation, this type of divorce requires both parties to be cooperative in their efforts to succeed.
A downside of collaborative divorce is if the two of you are unable to come to an agreement, you will both have to withdraw your attorneys and hire new attorneys who will take your divorce case to trial.
Call Law Offices of Jonathan Merel, P.C. today at (312) 487-2795 to speak to a skilled divorce attorney.