What type of law is divorce

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Energy and Natural Resources. Phone: Family Law. Business Law. Texas Dallas Family Law. Colorado Oklahoma Texas. May 17, The 5 Common Types of Divorce Mediated: A mediator is hired in this type of divorce to work with the divorcing couple. This allows the two parties to negotiate directly with one another often without legal representation.

The mediator does not render an agreement and cannot give legal advice, but guides the two parties until an agreement is reached. Collaborative: Both parties hire a lawyer. Some judges may require you to pay your spouse's legal fees if you use the fault process frivolously.

An uncontested divorce means that both spouses agree to the divorce's legal grounds and all the divorce-related terms in it. An uncontested divorce requires both spouses to draft and sign a legally binding settlement agreement which tells the court the couple's plan for the following:. The uncontested divorce process varies in each state.

Some state have specific procedures that allow you to fast track an uncontested divorce if you meet all the requirements. Most courts require the couple to file the documents and wait for the state's mandatory waiting period to expire before the judge can finalize the divorce. An uncontested divorce is one of the fastest ways to finalize a divorce because there's no need for a divorce trial.

With divorce mediation , the couple meets with a neutral third-party who helps them resolve their divorce-related issues. Divorce mediators are usually family law attorney lawyers and are trained in the latest mediation techniques and requirements through the state. In some states, couples must attend mediation before the court will acts on the divorce case.

In others, mediation is an alternative to a divorce trial but is only available to spouses who agree to use the process.

Mediation is confidential, so neither spouse can use evidence from the meeting later during a trial. The first step in mediation is to hire a mediator. You can ask your lawyer for recommendations, or you can call the local mediator network where you live for suggestions.

If your state requires mediation, and a judge orders you to meet with a court-appointed mediator, you may not be able to choose the mediator, but the cost is usually low or free. For private mediation, the fee depends on the individual mediator. It's common for spouses to split the cost, but you should discuss payment before you agree to attend. During your mediation sessions, the mediator will usually meet with both spouses sometimes together and sometimes separately to discuss the unresolved issues relating to the divorce.

The mediator's goal is to facilitate a conversation between the spouses to reach an agreement and avoid going to court. If mediation is successful, the mediator will draft a settlement agreement for the spouses and lawyers to sign. Once you sign, you can present it to the judge and finalize your divorce. If you don't agree or only agree on some issues , you'll need to ask the judge to resolve the remaining issues for you. Unlike arbitration, a mediator does not have the power to decide the issues in divorce cases.

So, if you don't like the terms in the proposed agreement, don't sign and head to court. Mediation only works if both spouses go into the meeting with good faith and effort to reach an agreement.

Even if you only agree on some of the issues, it will save you time in court later. Co-mediation is very similar to traditional mediation, except it involves multiple mediators, usually two, who can work together to resolve the couple's differences. Some co-mediations include a private mediator and a mental health expert on the team, and others may be two trained mediators. The idea behind co-mediation is that "two heads are better than one," and hopefully, those two experienced mediators can help the couple avoid a drawn-out divorce trial.

Co-mediation isn't as common as using a single mediator, and courts don't usually order couples to attend. However, if you have serious communication issues with your spouse, co-mediation may be a beneficial path for you to take. While the cost may be more than traditional mediation, it will still be less than a trial. If there's a history of domestic violence in your marriage, mediation and co-mediation may not be a good option.

In most states, courts will not order a spouse to attend mediation with an abuser. If you choose to attend mediation, you should ask the mediator to keep you and your lawyer in a separate room from your spouse and request the mediator's plan to maintain control and safety during the session. Collaborative divorce is another way to complete your divorce and it's best suited to couples who are willing to work together to resolve their issues without the court's help.

Typically, the process begins with each spouse hiring an attorney who is specially trained in collaborative divorce. The attorneys and spouses will agree that the attorneys will withdraw from the case if the couple can't settle their issues, and the couple will have to start over from scratch. The idea behind collaborative divorce is that no one spouses or attorneys will benefit from going to trial, which motivates your to resolve your case together.

After each spouse meets with their attorney, the group will get together during a "four-way meeting" to discuss the case. Your attorneys may ask you to hire other professionals, such as financial or child custody experts, to bring in during the process.

Your attorneys may also utilize mediation or co-mediation to help resolve your conflicts. Collaborative divorce isn't for everyone, and you should only consider it if you're willing to give up the use of all court procedures, including divorce discovery, and negotiate all the terms of your divorce. Once you agree, your attorneys will present your final settlement agreement to the judge to finalize your divorce.

As with any other alternative to a divorce trial, you can still ask the court for help deciding the unresolved issues if you don't agree.

Divorce arbitration isn't available in all states, but if you live in a state that allows it, and you can't reach a divorce settlement with your spouse, this option may be a better alternative than a divorce trial. Both spouses must agree to the arbitration process and select an arbitrator—usually an attorney or retired judge—to decide all unresolved issues.

Arbitration is not the same as mediation, where the mediator can only make suggestions and guide you and your spouse to an agreement. Because an arbitrator makes decisions, this process is more like a court proceeding. Both sides will present their cases to the arbitrator in a less formal setting than a courtroom; usually a conference room or private office. Just like a judge, the arbitrator will evaluate all the evidence, rule on the case, and issue a binding order that both spouses must follow.

Arbitration is usually faster and less expensive though not free than a divorce trial, but more expensive than mediation or an uncontested divorce. The first step in starting a divorce case is for one spouse to file the divorce petition the required legal paperwork with the court.

The filing spouse must deliver serve copies of the petition and a summons to the responding spouse. Once the spouse is served, the clock begins ticking on your divorce waiting period.

During the waiting period, the recipient spouse must respond by submitting an answer to the divorce petition and either admitting or denying the petition's allegations to the court and asking for whatever remedies are appropriate such as custody, alimony, property.

If the recipient fails to respond during the allotted time frame usually days , the filing spouse can request a default divorce from the court. If you fail to answer the petition, you lose your chance to tell your side of the story to the judge. A default divorce means that the court will grant the divorce and all of the remedies the filing spouse requested.

As with any divorce, if there are minor children involved, the court will ensure that any custody or support arrangement meets the state's standards and protects the child's best interests before creating a final divorce judgment. The court can not issue a default divorce until the state's mandatory divorce waiting period expires. However, a default divorce is usually much quicker than going through the traditional divorce process.

The summary divorce process usually requires the couples to give up the right to spousal support after the divorce. In general, the summary divorce process is a simplified version of uncontested divorce and requires less paperwork, time in court, and money. After filing the petition for summary divorce, the couple should prepare a settlement agreement for the court.