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Fewer than 5% of divorce cases end up in a trial. That means that you and your spouse are probably going to come to agreement about every issue in your divorce. Reaching agreement requires negotiation. Your divorce can be a purely negotiated divorce or a purely litigated divorce. Many divorces are resolved through a combination of negotiation, mediation and litigation.
No matter where your divorce falls on this spectrum, we will work with you to negotiate when appropriate and use the tools of litigation when necessary to make sure your interests are protected and that any agreement is fair to you.
We will help you get what you want and what you need from your divorce. We will do everything that is necessary to secure your future and your family’s stability without wasting your time and money.
Spouses Reach an Agreement Before Going to Court
A negotiated divorce is simply our term for an uncontested divorce – you might be familiar with that term. In a negotiated divorce spouses reach agreement on all issues relevant to their divorce and never ask the court to decide anything for them. Negotiated divorce is an option for couples who can negotiate in good faith – basically communicate civilly with each other and willingly share information. One or both spouses can be represented by a lawyer during this process so they can get the legal advice they need to negotiate a fair settlement.
Judge Decides all Issues at Trial
A purely litigated divorce ends in a trial. The judge will divide your marital property and debts, calculate child support, decide how much time each spouse will have with the children, and determine whether alimony will be paid. Litigated divorce can be the best way forward if you are concerned that your spouse is hiding assets, if your spouse is refusing to negotiate or go to mediation, or if you lack the financial resources to obtain legal advice but your spouse is financially able to hire a lawyer.
Our divorce timeline walks you through a litigated divorce.
What if I think my divorce will be somewhere in the middle?
Then we can negotiate effectively for you and use court procedures wisely to make sure you have all of the information and resources necessary to make informed decisions and reach an agreement that is fair.
The rules of divorce litigation are in place to make sure that both spouses have access to all relevant information and to sufficient marital assets during the divorce process. These rules are meant to maintain the financial status quo and level the playing field so spouses will have productive negotiations and stay out of court.
It is possible that your divorce will be resolved through mediation which is simply a form of structured negotiation. As licensed mediators, we understand the rules and dynamics of mediation. Mediation can be an opportunity to engage in good faith negotiations and reach a timely and cost-effective settlement.
You are in the right place
You are embarking on some serious and perhaps unwanted life changes. The good news is that right now you have the opportunity to manage that change without wasting your money or your time. You will certainly spend some of both getting a divorce, but we will work to conserve, not spend, your time and money.
We won’t pressure you to file for divorce immediately. We will take the time to learn about you and your family and will discuss your options with you and respect your decisions. We want you to be in control of your divorce. If you want to work with your spouse and negotiate a settlement before filing or if you need an advocate in court to ensure you receive a fair settlement, we’ve got your back. If you are just beginning to consider divorce, we can help you determine the best way forward – how to raise the issue of divorce or how to present a proposal for resolution.