The process of bringing the details of a marriage or domestic partnership to an end is a sensitive, stressful and often highly emotional time. We focus on navigating clients through the process of divorce. We will explain the different options for your case such as: litigation, mediation, or settlement, and provide you with a recommendation on the most appropriate option(s) for your case.
If the couple is able to communicate effectively, they can negotiate themselves. Couples who negotiate their own agreements should consult with attorneys before they sign to ensure that they are fully aware of their own rights under the law.
Alternatively, divorcing couples may choose to hire their own lawyers to negotiate on their behalf. When the parties are committed to settling the case out of court, this option can save each person significant expense while reducing the amount of direct communication with a former spouse.
In the mediation process, a neutral mediator, who may or may not be an attorney, meets with the parties to resolve a divorce or parenting plan dispute. The mediator does not act as an attorney for either party and may not give any advice. If appropriate, the mediator may explain pertinent areas of the law to facilitate the discussion and resolution. Parties in mediation frequently retain attorneys for advice during for mediation process. There are also several retired trial court judges who offer very effective mediation services.
Litigation is the final alternative when a couple cannot reach a negotiated agreement on all or some of their issues. Through litigation, the couple asks the court to make decisions they cannot resolve. It is important to consult with an attorney early for legal advice during a divorce. Litigation is a highly adversarial process where the outcome is contingent on complex legal rules and the particular facts of the case. Available court dates are difficult to find in the courts. They are often rescheduled ("bumped") several times.