When you and your spouse decide to separate and end your marriage, different questions might linger in your mind. Your first step should be to decide how to deal with the divorce process. You may select one of the following options:
- The Do It Yourself (DIY) method.
- The mediation process, which may or may not involve guidance from a lawyer to help resolve your disputes.
- Court proceedings, for which it is highly recommended to seek the help of an attorney.
Different parameters must be taken into consideration to figure out which divorce path is the most appropriate for you.
Do It Yourself Method
In family law, divorce is considered to be a complicated and emotionally draining process. However, not all couples need assistance in court to get separated. Some couples are able to handle everything by themselves. This might be the case if you and your spouse agree to everything, including child custody, visitation, alimony, distribution of assets, and other matters of concern during a divorce. You and your spouse may be able to negotiate these matters without assistance from an attorney or judge.
Once you and your spouse decide to get separated, you must discuss a variety of issues that will happen after divorce. If you and your spouse, as parents, contribute collectively to the health and well-being of your children, then you can ensure your children will be raised in a good environment.
If both the partners agree and are willing to conclude their marriage by reaching a compromise, then things can be sorted easily. It will not only save time and money but also will be good for your children. However, there can be roadblocks which might compel you to choose the mediation process or hire an attorney if both do not agree with the settlement process.
You must carefully consider every perspective, as once you agree on a proposal and the judge agrees on it then it will be difficult to change anything. After signing an agreement, you will be bound by that agreement and the decision made by the court. A divorce in which both parties have come to an agreement about all the major aspects is popularly known as an uncontested divorce.
However, if there is a situation in which you think that you need to change a divorce agreement, you will have to go back to the court to amend the order. To avoid the extra costs of doing so, you might instead choose to consult an attorney or undergo the mediation process.
In the mediation process, mediators have a complete understanding of how to concentrate on the facts of the divorce rather than focusing on emotions. Mediators know how to pay close attention to detail, which allows them to understand what is important to each party during a divorce. This can help prevent minor disagreements from happening.
Mediators can also work with both spouses at the same time, to prevent creating any communication gap between the couple. Mediators are unbiased, as they work for both parties and are not advocating for one particular party. This is the reason why mediators often reach agreeable settlements quickly. The mediation process can also involve legal professionals when the couple is not satisfied with the mediators.
When to hire an attorney for divorce?
As the divorce process is a complex one, the presence of an attorney can prove to be beneficial for your case. Certain circumstances that require the guidance of a legal representative are as follows:
- If the divorce involves any kind of abuse
- In cases where the other spouse is lying on specific matters or is being malicious
- The other spouse has hired an attorney
- The divorce matter involves children or any other complex monetary matters
If you are facing one or more of these situations, an attorney will support you and help you in speeding up the process. In addition to providing legal expertise, they can also handle any paperwork for you, which will help expedite the divorce process.
It is especially important to contact a Divorce Lawyer in Philadelphia if you are facing any domestic violence. You or your children may be at risk of harm; to avoid this, legal guidance is a must. Your attorney can seek a temporary restraining order to protect your family. The order will also make it illegal for your spouse to come within a certain distance from you or try to contact you.