Different situations call for different solutions. Here’s an overview of a few directions you can take with your divorce.
Mediation
When you mediate, the mediator is a neutral party and the two individuals mediating will discuss the issues having shared information with one another. With the mediator’s help to craft creative solutions on the basis of their priorities, the parties will attempt to come to a resolution to the global issues of the divorce. If they do so the mediator will write up what is called a Memorandum of Understanding (MOU). One party will need to hire an attorney to convert that into a marital settlement agreement because the mediator cannot create that or represent either party in the divorce. One party must file the paperwork (usually via an attorney unless they are particularly savvy on court procedure) and go through the processes necessary to get an uncontested hearing once the Marital Settlement Agreement is signed. The other party may also wish to, and is encouraged to, get their own attorney to make sure that what they are signing is also in their interests. It is a myth that mediation is always cheaper, because ideally you have three professionals that you are paying instead of one or two. But it is definitely cheaper than litigation, or going to trial, which is a much more rare occurrence and is quite expensive.
If you wish to mediate, the initial consultation must include both parties and thereafter the mediator is not able to represent either of you in the divorce.
Negotiation
An alternative is that one of you hires a lawyer to work on a proposal for the other side to review based on the things you already agree on and/or ideas that the attorney helps the represented party come up with (with or without input from the other party initially) to settle the matter. A good attorney who can negotiate and do a marital settlement agreement is a great alternative when the issues between the parties are limited and they are largely in agreement but need help crafting legal solutions. In this case the other party may hire an attorney to review the Marital Settlement Agreement though it is not required. This attorney will then file the uncontested divorce paperwork if there is an agreement. If the parties cannot settle then a divorce filing that is contested may be initiated.
Litigation
This is the thing everyone speaks of as being the most expensive. This is where both parties have lawyers and go through the entire process. For an overview of all of the process check out my book here: https://lyndahinkle.com/breaking-up-ebook-by-lynda-l-hinkle/
The good news is even if you start out as a contested matter, most matters do settle somewhere along the line although it may take time to get to reasonable positions. If not, then the case must go to trial. That is truly avoidable if both parties are willing to negotiate.
Please let us know what kind of consult to schedule you for and we’ll get you moving in the right direction! Call 856-227-7888 for your consultation, just remember that if you are seeking mediation both parties need o be at the first consult.