Divorcing couples that are choosing to work together to reach a settlement agreement often do not see the benefit of working with a divorce lawyer throughout the process. You may wonder, how can a lawyer help me with collaborative divorce? Collaborative divorce attorneys work with you to provide legal advice for all the traditional divorce issues you will face including spousal support, child custody, child support, and property division.
For divorcing couples that are entering into a contested divorce, working with an experienced attorney can help simplify the divorce process. If you have minor or dependent children, working with an attorney can be especially helpful.
No matter what the court calls the process, it usually involves the same items. The settlement itself usually is an agreement between spouses to reach a divorce and complete the process. This could include child custody matters for who has primary or sole custody, child and spousal support for the noncustodial parent and payments to the other spouse and the division of property between assets and liabilities. The agreement is possible through a divorce civil suit, mediation, arbitration or a state program. There are often certain requirements necessary before settling the dissolution of the marriage.
Entering into the Agreement
It is not necessary to enter into the settlement before separating or even filing for divorce. However, it is better for both parties to reach some form of agreement to progress the process along quickly and save both time and money. However, both spouses could reach an agreement by the time the divorce trial begins. The goal is to enter into the arrangements quickly to avoid costly fees, expenses for lawyers and the court process. By quickly reaching the goals of what each person wants or needs, both may compromise and conclude the matter without too much conflict.
The Need for the Lawyer
While the individual does not need a lawyer for a divorce settlement, it is recommended to have a legal professional to support the individual and protect his or her rights. The divorce agreement documentation usually requires a review to ensure nothing is incorrect and that all legal provisions are available. If anything needs corrections, the lawyer can catch these mistakes. Certain problems arise when the other party requests sole legal child custody, possession of various property and a waiver for certain future claims. The paperwork may include terms that could harm the spouse when completing the divorce process.
The lawyer hired for a divorce settlement may need to review documentation to catch any inconsistencies, but he or she may also need to analyze the documents to ensure that nothing in legal jargon is in them to confuse the client. If confusion does exist or there is no counter argument because of a misunderstanding of legal jargon, the lawyer will need to explain the clause or provision. These specific words usually protect the interests of the other party and may cause serious complications to the spouse through custody, spousal support or the lack of possible future claims.
Seeking an Alternate Method
One of the ways a lawyer helps an individual through a divorce is to seek another path to end the conflict between spouses. One of these is to reach a settlement between both parties before the court case. Options are available to include mediation and arbitration. The open dialogue and communication that is mediation is a less formal setting that significantly cuts down both time and expense. The lawyer gives the individual advice and helps to him or her compromise through a binding outcome that will hold both parties to the conclusion. If the nonbinding resolution is what both seek, litigation or a normal and standard court case is still possible.
Settling the conflict before going to court is also possible even without using mediation. Both parties that are still on amenable terms may seek to work through the matters without the court’s involvement. By using these situations as the means to sign a Divorce Agreement, the end result will bind the two legally to the terms in the document. The judge usually reviews the document for fairness. Then the court will enforce the provisions. Without an agreement already in place, some formal or informal proceeding is necessary depending on the options available and what the lawyer may suggest for the specific circumstances. Any compilations that may arise could also lead to an invalid divorce settlement that could require a new case.
Divorce Attorney for Mediation in Houston
Attorney Dawn Renken is a practicing family law attorney in Texas, who specializes in divorce cases in Houston, TX. Attorney Renken received her mediation license through ADR Services International Inc. in 2014. Since this time, she has worked with a wide range of divorcing couples looking for alternatives to traditional courtroom divorces.
Divorce Mediator Houston Texas
Renken Law Firm is here to help couples who wish to dissolve their marriage, whether that be through divorce or legal separation. We are here to help those who are ending marriages that have been contested, uncontested, or collaborative. We are fully prepared to help you navigate the specifics of your case. All marriages are different, making each divorce equally unique with its own set of needs that must be addressed. Contact our law office to explore your options moving forward, and find out how we can help you.