Divorce not only creates difficulty but also takes psychological tolling process on both the parties involved. There is not only one way to divorce but few more everyone should know about divorce lawyer huntersville.
Parties can choose or hire a law attorney to represent them during the divorce process, parties can choose to work together with a mediator to assist them in crafting an amicable agreement or each party can choose to hire a collaborative divorce lawyer and work with each other and the lawyers with the goal of resolving issues and avoiding court.
A divorce can be uncontested, contested or granted by default, there are certain differences though:
Uncontested Divorce:
It is the least costly and the best choice to try and resolve a divorce in an uncontested way.
An uncontested divorce is where you and spouse work together to craft an agreement on the terms of your divorce by working together and agreeing on the terms, and avoid going to court.
Parties can work together with a neutral mediator to craft the terms of the divorce and then file the divorce papers themselves with the court.
They can also each hire a collaborative divorce attorney who will work with them to craft an amicable divorce agreement with the goal of avoiding court.
Both the parties can choose to hire a divorce lawyer to file divorce papers and craft an agreement to present to the spouse for signing 90 days from service of the divorce complaint on the spouse.
If the parties consent to the divorce and sign the paperwork, the divorce papers can be filed with court and the parties will receive their divorce decree thereafter.
Default Divorce:
A court will grant a divorce by “default” if a party files for divorce and the spouse does not response after being properly served with the divorce complaint and paperwork.
This can be used when a spouse’s whereabouts are unknown or is unwilling to participate in the divorce process.
Contested Divorce:
If the pair cannot come to an agreement on the terms of their divorce, they can bring their issues in front of a Master and Judge.
They will go through the process of exchanging discovery such as financial documentation, settlement negotiations, hearings, and, if they cannot come to an agreement after these exchanges, and then will have a trial.
Fault and No-Fault Divorce:
It used be that a divorce could not be granted unless there were fault grounds.
Parties can still choose to divorce on fault grounds for reasons of adultery, abandonment; however, it can be very expensive due to the litigious nature of the divorce.
Mediated Divorce:
Mediation is an alternative method of dispute resolution, which is available to parties undergoing separation, divorce or custody issues.
The parties work together to decide between them what is best for them and their children.
Collaborative Divorce:
Collaborative Divorce and Custody Practice is a voluntary dispute resolution process which allows parties to settle without resorting to traditional divorce and custody litigation.
The lawyers and clients sign an Agreement, which outlines that if the parties are unable to reach a settlement, the lawyers will withdraw from the case and assist the clients in transitioning the case to trial attorneys.
In Collaborative Law Practice, the parties voluntarily disclose all information relevant and material to the issues that must be decided, the parties agree to use good faith efforts in their negotiations to reach mutually beneficial settlements, each party must be represented by an attorney, the representation of the attorney ends upon any contested court proceeding, the parties may jointly engage experts as needed whose engagement terminates upon contested court proceedings.
What Are Some Important Terms In Divorce One Should Know?
The confusion that’s worth defining are some of the actual words used in conjunction with divorce, i.e., absolute divorce, uncontested divorce, limited divorce, and no fault divorce:
An absolute divorce is the final legal conclusion of the divorce process, with all issues resolved, and both parties now being able to legally marry somebody else.
An uncontested divorce is when both parties agree to proceed with the divorce with no issues that the court must decide or rule upon.
A limited divorce has set certain legal decrees for a separated couple in terms of responsibilities such as child support or custody, but the divorce process has not been finalized and the marriage is not legally over.
A no fault divorce is when there are no specific grounds for divorce such as adultery or abuse, and instead, the parties have decided not to reconcile and/or have already been separated for a mandated period of time, if applicable.