When a marriage ends in divorce it is a very emotional time, full of questions and confusion. Our approach to divorce allows us to answer the questions about property division, child custody, alimony and other issues. We help you find solace in your time of need because we care about you and the issues that you’re facing. You don’t have to face it alone. Below are some types of divorce and options for resolution.
Contested Divorce
When you and your spouse are having disputes over property division, child custody, visitation, child support and other issues, the divorce will be contested. In a contested divorce, both parties with the help of attorneys work on their issues and reach solutions. To reach a final agreed divorce all issues need to be resolved. To negotiate with your spouse and protect your rights, you need the assistance of an experienced divorce attorney. It has been our experience that most contested divorce cases can be resolved when divorce attorneys are representing the parties involved.
Uncontested Divorce
Uncontested or no-contest divorce in NC is the most common method for filing for divorce among couples. If a couple agrees on terms such as child support, custody, visitation, and alimony, filing an uncontested divorce can end your marriage quietly without a lengthy and complicated legal battle. By agreeing to all aspects of a divorce where there are no outstanding issues between spouses that need to be resolved with the assistance of an attorney, your divorce is extremely affordable and cost-effective. Our team can assist you from the consultation through getting your final signed divorce decree.
Litigation
To litigate is to engage in a legal proceeding or to carry out a lawsuit. Thus, divorce litigation is the process of carrying out a divorce in which the two parties disagree in regards to diverging or conflicting interests. Divorce litigation differs from divorce mediation as divorce mediation is quicker, and led primarily by the desire for both parties to make joint decisions.
Divorce litigation is usually a longer process because it involves several court appearances and is usually more adversarial and potentially more accusatory, usually led by the parties’ attorneys who are fighting for their client’s self- interests.
Divorce litigation occurs when two parties cannot come to an agreement on their own. This leads to each of them hiring an attorney to represent them and fight for their separate interests. Due to the drawn- out nature of the process of litigation, both parties will be forced to make several court appearances, engage in mediations and depositions, and gradually reach a resolution. This process can last anywhere from several months to several years.
The complications involving a divorce matter makes it extremely important to hire the right divorce attorney. Our attorneys have the knowledge, competence, and dedication to provide a strong litigation for all kinds of family law disputes.
Mediation
A mediator is a third neutral party who is hired to assist in communicating each party’s needs and desires for a settlement. An important aspect of mediation is confidentiality. Typically, a mediator will separate parties into two different rooms and negotiate each side until a settlement is reached. The settlement is then signed and is considered legally binding once the judge approves it. Attorneys are allowed to accompany parties into the mediation.
Although the success rate is good for mediation, there are those occasions where settlements are not reached. Parties can choose to try the process again, or resort to traditional litigation process.
At the end of the day, mediation is less costly, gives people more control, and helps them prepare for court. It is also less stressful, confidential and revolves around positivity.
Our attorneys are here to help you with your divorce. Call today for a consultation.