Divorce is a complicated issue. Rife with legal and emotional concerns, even a seemingly simple divorce can result in significant difficulty. To protect your best interests, it is often necessary to hire a divorce attorney for proceedings.
Having an attorney on your side allows you to focus on recovering emotionally without having to worry about losing everything that you care about.
Types of Divorce
There are several different types of divorce, but most cases fall under one of two categories:
- Contested Divorce. A contested divorce occurs when a couple cannot work together. In these cases, attorneys for both sides will do almost all of the negotiating. This is necessary in cases where cooperation is impossible and can be very beneficial in preventing individuals from doing or saying things that may further complicate their divorce. Many contested divorces are settled in mediation or arbitration, but going to trial is also a possible outcome of this approach
- Uncontested Divorce. The opposite of a contested divorce, an uncontested divorce occurs when a couple is willing to work together. In an uncontested divorce, asset division and other considerations are agreed upon by both parties. Mediation, arbitration, and trial are not part of an uncontested divorce
What is the Difference Between Collaborative Divorce and Summary Divorce
A collaborative divorce is a type of uncontested divorce in which both parties retain an attorney before they enter into negotiations. Collaborative divorce requires a willingness to work together to resolve all of the issues created by the dissolution of a marriage. If an agreement cannot be reached, the attorneys for both sides may be required to withdraw, placing the couple back at square one.
A summary divorce is one in which there aren’t any issues to be resolved: No children; no property or assets to speak of; nothing that needs to be reallocated. A summary divorce is often only possible in cases where a marriage was very short.
An annulment may also be an option following a short marriage. Unlike divorce, an annulment makes it look as if the marriage never took place. There are extremely prohibitive limitations on annulments, but the action is possible in some circumstances.
You Need an Attorney
Even for an uncontested divorce, it is best to have a lawyer on your side. There are several complex issues surrounding divorce and making rash or emotional decisions can hurt everyone involved.
Having a lawyer on your side, even under the most amicable circumstances, helps ensure you do not make irrevocable mistakes during divorce proceedings.
Issues that are dealt with during divorce include:
- Property and asset division
- Spousal support/alimony
- Child custody and visitation
- Child support
As with all issues in a divorce, these key matters are often impacted by emotions. Marital property, collective debt, and time with children can stoke various emotional flames and result in argument, bitterness, and resentment. Having a lawyer on your side can help ease these strains while working to ensure your best interests are represented.
Can a Divorce Order be Modified?
Divorce orders can be modified, though additional legal action will be needed to make changes. Events that may prompt a modification include one spouse getting a raise or making substantially more than at the time of divorce. Another would be any changes in the household, such as a new marriage or a job that will take one parent out of state.
It is highly unlikely that you will be able to successfully modify property and debt division. Many divorces contain language prohibiting additional legal action for such purposes.
Choosing a Divorce Lawyer
It is best to choose a divorce attorney who you feel comfortable with and confident in. Divorce proceedings can take months – years in some cases – and you will be spending a fair amount of time with your attorney. Make sure you have selected someone you trust completely.
Your divorce lawyer should have sufficient experience practicing family law and be able to point you towards testimonials, reviews, and other indications of their success. Look also for awards and recognitions for the attorney and his or her firm to make sure you are choosing a divorce lawyer who can effectively represent your needs.
Contact Us for Help
If you need assistance with a divorce, please call our office right away. We help individuals dealing with the complexities of divorce and related issues throughout our region.
