Divorce can be a difficult as well as psychologically tolling process on all parties involved. When it comes to divorce, there is not just one way to divorce. Parties can choose to each hire a lawyer to represent them during the divorce process, parties can choose to work together with a mediator to assist them in crafting an amicable agreement or each party can choose to hire a collaborative divorce lawyer and work with each other and the lawyers with the goal of resolving issues and avoiding court. A divorce can be uncontested, contested or granted by default. The differences are explained below:
It is always the least costly and best choice to try and resolve a divorce in an uncontested way. An uncontested divorce is where you and spouse work together to craft an agreement on the terms of your divorce. By working together and agreeing on the terms, you can avoid going to court. You can visit www.townsendfamilylaw.co.uk/divorce-solicitors-harlow-essex to know more about divorce.
A court will grant a divorce by “default” if a party files for divorce and the spouse does not response after being properly served with the divorce complaint and paperwork. This can be used when a spouse’s whereabouts are unknown or is unwilling to participate in the divorce process.
If you and your spouse cannot come to an agreement on the terms of your divorce, you can bring your issues in front of a Master and Judge. You will go through the process of exchanging discovery such as financial documentation, settlement negotiations, hearings, and, if you cannot come to an agreement after these exchanges, you will have a trial.
Fault and No-Fault Divorce
It used to be that a divorce could not be granted unless there were fault grounds. Those days have passed and we now have no-fault divorces. Parties can still choose to divorce on fault grounds for reasons of adultery, abandonment; however, it can be very expensive due to the litigious nature of the divorce.
Mediation is an alternative method of dispute resolution, which is available to parties undergoing separation, divorce or custody issues. Mediation is different than traditional divorce or custody litigation because the parties work together to decide between themselves what is best for them and their children.
Collaborative Divorce and Custody Practice is a voluntary dispute resolution process which allows parties to settle without resorting to traditional divorce and custody litigation. You and your spouse will each hire lawyers and work with the lawyers and each other to collaborative resolve issues that are in the best interests of everyone.
The lawyers and clients sign an Agreement, which outlines that if the parties are unable to reach a settlement, the lawyers will withdraw from the case and assist the clients in transitioning the case to trial attorneys. By working in an open, cooperative environment, parties and their counsel can work toward a settlement that benefits everyone.