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Posted by on Aug 11, 2017 in Divorce | 0 comments

Which Divorce Process is Right for You?

Sometimes divorce is the only option to end a troubled marriage. The mention of divorce, however, can usher in different emotions, like worry, tension, fear, guilt or feeling of being a failure to your spouse.

Besides being a complicated legal process, divorce can also be a demoralizing, painful and emotionally-draining experience. Not to forget, of course, a costly court proceedings that can be witnessed by anyone, which can drag on for many months and wherein all final and legally binding decisions will be made by the family court judge presiding over the case; such is the case of a court-litigated divorce.

While it requires only one party to get a divorce case going, the consent of both divorcing spouses are required when divorce-related issues enter into the picture. These issues include child custody, visitation rights, child support, alimony or spousal support, and division of property, assets and debts. The length of a divorce case is directly affected by how fast or how long before spouses reach an agreement regarding these issues; thus, the longer the spouses refuse to come to terms, the longer (and the more expensive) their divorce case will.

This is the reason why some divorce cases end up in court, left for the judge to settle – simply because the spouses cannot reach an agreement. These court-litigated divorce cases are called “Contested Divorce.”

A contested divorce is adversarial in nature. Spouses, through their respective lawyers, try to accuse and discredit one another in an attempt to win the judge’s favor. But while this type of divorce can be extremely frustrating and upsetting to both spouses, it is nothing more than a source of entertainment to some court spectators who find amusement in all the family secrets and accusations they hear.

Many divorcing couples nowadays refuse to turn their divorce case into a circus – to the amusement of many. Thus, they find ways to end their marital union privately, fast and with fewer disagreements. Fortunately, there are alternative ways to divorce, ways that are not only private, fast, and much less costly, but also procedures that allow the spouses themselves to make the decisions on all related issues. These alternative dispute resolutions include:

  • Uncontested Divorce. This procedure allows the spouses to reach an agreement without having the need to go to trial; this procedure is also quicker and cheaper compared to contested divorce. Uncontested divorce is a private process. Though it does not mean agreeing outrightly about the issues related to divorce, it gives the spouses room to negotiate without the air of hostility.
  • Mediated Divorce or Divorce Mediation. This is also a private (out-of-court legal procedure), quicker and cheaper divorce procedure (compared to contested divorce) that allows spouses to settle all divorce-related issues by themselves. A mediator, who is a neutral third party, sits with the spouses to help them reach an agreement. This mediator helps make sure that the spouses are able to talk and argue openly in a way which will not destroy the amicable process which they chose in ending their marriage. Each spouse may or may not be represented by an attorney, who can help each spouse to understand the legal matters related to divorce and know if the agreement arrived at is reasonable and worth signing.
  • Collaborative Divorce. In this type of divorce process, both spouses have their respective lawyers who will work cooperatively with them in settling the divorce case. For fair negotiations, each spouse is required to disclose all important information that will affect the divorce and all related issues. In the event that this process does not settle the divorce case, each spouse will have to hire new attorneys who will have to take the case to trial.

The Raleigh divorce attorneys understand just how important it will be for you to have a comprehensive legal strategy to fall back on during the process of your divorce; this, will help you understand the possible implications of all your choices.

 

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Posted by on Apr 17, 2014 in Divorce | 0 comments

Going through the Divorce Process

Data on marriages and divorces has shown that divorce rates have gone down in the past few decades, although it’s not as visible because of the number of people asking for divorce all over the United States. People who are unhappy with their marriages choose to end it by filing for divorce, thus the need to hire a divorce lawyer. Hiring one will ensure that both parties’ rights as well as interests are upheld. Different factors in a divorce are to be considered and here are some things you should look into if you are seeking to file for divorce:

  • Divorce can happen to just about anyone. You are not the only one who is ending their marriage, and having the courage to say it (albeit that it’s one of the hardest things to face) is important in order to move on with your life. Don’t be afraid of the changes that divorce may make to your life; don’t be afraid to take you shot at happiness.
  • Make sure to keep yourself focused on the divorce. It’s not only about lawyers settling the case; you have to do your part in achieving what you want to happen before, during, and after the divorce. Make goals, not only about the divorce but what you will do after it: plan for your future and save money; divorce is only the door you open, what you do after depends solely on you.
  • The stress of going through the divorce can take a toll on your health, make sure to take a rest and keep yourself healthy. If you are feeling something that is physically troubling you that you think is caused by the divorce, call your family doctor to talk about possible relief or medication. Going to a therapist may also help out clear and refresh your mind and sort out your emotions.
  • If you have children, never disregard their feelings. Make sure that you put the divorce in a positive light in order to keep a healthy relationship with your children (and their possible children). Divorce doesn’t mean you have to be away from your children or that you will not be a part or their life anymore. In the long run, they may be the one suffering the most, compared to the pain you are temporarily feeling now.
  • Find a lawyer you trust and is willing to help you settle the divorce amiably, and is ready to go to court should the negotiations go awry. Make sure you don’t let your emotions control your actions or decisions: as advised by the professional team from Marshall & Taylor, P.C. you should know your legal rights. It is also important to know what to expect from the whole process of divorce; the time it will take, the possible costs you will endure, the rules, and many others. Have honest and constant communication with your lawyer about the proceeding.

Make sure you know what you want in life: divorce is one of the life-changing things that can happen to anyone. You may know what you want now, but have a clear vision of how you will be after going through divorce.

 

Marshall & Taylor, P.C.

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Posted by on Nov 23, 2013 in Divorce | 0 comments

Legal Help When Collecting Child Support

Divorce proceedings present an array of obstacles for couples looking to legally separate. In addition to appropriately dividing financial earnings and property, couples with children must also come to a custody agreement. Depending on the child custody agreement, one parent might be ordered by the court system to provide financial supplementation to the parent with primary custody. The child support money provided is intended to be spent on the child, though the financial allocation is subject to the discretion of the parent with primary custody.

Hiring an attorney can be useful in reaching a child support agreement. In addition to the mediators of a potentially volatile discussion, lawyers well-versed in family law also bring a wealth of legal expertise to the logistics of child support agreements. Lawyers can assists both parents in setting up financial support plans that are able to be amended as the child’s needs or parent’s finances change. Some families find that they need to shift the payment amounts after following a particular support plan for a while. In these cases, whether they payment amount is increasing or decreasing, legal consultation can help both parents reach a satisfactory financial amount.

Child support plan modifications are a convenient and practical resource for families to use should they need to. Lawyers can also help a parent hold the other legally accountable for providing the financial supplementation that they had previously agreed to provide. Informal enforcement of child support agreements can be difficult for one parent to manage on their own. In fact, many people who try to reach informal agreements without legal help often find that they don’t receive as consistent of child support payments as people that utilize the resources that family lawyers provide.

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