Divorce

Litigated Divorce

A litigated divorce, or trial, is the least likely way a couple will end their marriage. However, it is a significant method because it can force resolution. Many other types of divorce, such as uncontested divorce, collaborative divorce, or mediated divorce are available and discussed in greater detail below, but all of those scenarios require the parties to cooperate in the settlement efforts and engage in respectful communication with each other. And if the parties are unwilling or unable to do so, then the case must be taken before a judge in a fully litigated context, and the judge decides how the matter will be resolved, thus moving the parties to a final resolution.

In some cases, you may have one side that, for whatever reason, refuses to move the case along. They may be resisting the divorce altogether, or their obstinate behavior may be rooted in something else. Nonetheless, it can cause delays and stress for the party wishing to move the divorce along swiftly and efficiently. If you face a person that acts like this then court may be your only remedy, and your lawyer will turn to the judge to ask for your desired relief.

In other situations, the court may be needed to resolve truly contested and rightfully disputed issues. If your case proceeds to trial, it is not necessary that the judge decides every issue between you and your spouse. For instance, you and your spouse may settle many of your issues but have disagreements on just a couple of things. In that situation, a “mini” trial can be had only on those specific points. It is common that the parties resolve everything except for an issue on a particular piece of property or maybe a parenting conflict. In that case, we tell the judge that the parties have settled many issues but that disputes still exist on a couple of points. The judge will then allow a trial on those specific points, and the parties and their lawyers proceed to court on those limited matters. Once the judge decides those issues for the parties, the result from the judge and the previous settlement agreement can be combined to draft the final divorce decree.

The court is nothing to fear. You may want to try to avoid it by resolving your case in other ways, such as, through settlement and negotiation. However, if those efforts fail to resolve your case, our well-trained divorce and family law attorneys can take your issue before the court and get you the final results you desire.

Our family law and divorce attorneys are available to visit with you and explain all the options that we can provide for you, call us at 402-509-6100 to schedule an initial consultation. Our mission is to help you and your family. Call us today.

Uncontested Divorce

An uncontested divorce is a dissolution of marriage in which both husband and wife are in complete agreement on all relevant issues. This includes dividing property and debts, awarding alimony (if any), and if children are involved, resolving custody and child support. An uncontested divorce may also be referred to as non-contested divorce, agreed upon divorce, friendly divorce, or cooperative divorce.

An uncontested divorce is generally much easier and quicker than other forms of dissolution of marriage. In addition, an uncontested divorce is much more affordable than other types of divorce. An uncontested divorce can move quite smoothly because you and your spouse have worked out all (or most of) the terms necessary for your negotiated agreement. Therefore, your attorney can simply focus on preparing the pleadings that are required for filing a divorce case and the documents necessary to accurately reflect your agreement.

While a traditional divorce typically takes 9 months to a year to complete (with some lasting much longer than that), an uncontested divorce can be easily completed in a couple of months.

Collaborative Divorce

Collaborative law, also known as collaborative practice, is a legal process that couples use who have decided to separate or dissolve their marriage and avoid litigation. Couples who choose collaborative divorce will work with one of our collaboratively trained lawyers and other qualified professionals to reach an agreement on all issues related to their divorce. Couples choose Collaborative Divorce to avoid the uncertainty of court decisions and to achieve a settlement that best meets the specific needs of the entire family. The process is voluntary. Both parties sign an agreement (a “participation agreement”) binding each other to the process and, most importantly, disqualifying their respective lawyer’s right to represent either one, if, for some reason, collaboration fails and the couple moves on to litigation. Collaborative divorce focuses on “best outcomes” for both spouses and children.

The collaborative process can be used to facilitate many other family issues, including disputes between extended family and the negotiation of pre and post-marital agreements. Through the collaborative process, couples find they can begin their married life with documents drawn up consensually and mutually.

Collaborative law also has the added benefit of, generally, being less expensive for the parties. By utilizing specialists for many tasks, e.g., financial professionals, child custody therapists, and coaches, duplication of work can be minimized thus reducing costs incurred by the parties.

Our family law and divorce attorneys are available to visit with you and explain all the options that we can provide for you, call us at 402-509-6100 to schedule an initial consultation. Our mission is to help you and your family. Call us today.

Mediated Divorce

A Mediated Divorce is about you, your spouse, and the decision the two of you have made to be in control of your future. In a mediated divorce you do not have a lawyer, even though your mediator is a lawyer. It is important to remember the mediator is a “third party neutral” and will not advise or guide either of you. The mediator will help guide you and your spouse when you need help or ideas to resolve your issues, but the mediator will not solve those issues for you.

During mediation, the couple will work out agreements between them on issues such as property, custody, parenting plans, and all other matters that need resolution before a final settlement is realized. Some of these agreements will come easily, but others will require working through challenging terrain. It is essential that the mediator be able to keep lines of communication open between you and your spouse, facilitate “brainstorming” ideas to help you reach creative solutions and to keep the dialogue positive and moving toward your goal of a complete and final agreement. The mediator’s involvement will limit, if not eliminate, arguing, name-calling, and bad behavior that merely undermines a peaceful resolution.

Our family law and divorce attorneys are available to visit with you and explain all the options that we can provide for you, call us at 402-509-6100 to schedule an initial consultation. Our mission is to help you and your family. Call us today.