Even when you feel you are prepared for a divorce, it can be a stressful time. You may have questions about how it will affect your life, your finances and, most importantly, your relationship with your children. At the Law Office of Sarina Gianna, LLC, we have successfully represented many individuals and families going through this difficult time. Knowing your options is important so you can make informed decisions on the road ahead. While some can address marital issues by working together through alternative dispute resolution, including mediation, others choose to litigate their divorce and fight it out in a court setting. Our firm will always provide knowledgeable advice and guidance, representing clients in court and through the alternatives to litigation. If you are interested in our legal services, contact the Law Office of Sarina Gianna, LLC to discuss your legal matter.
Divorce can be a complicated and emotional process. No one thinks that they will need to go to court to dissolve their marriage, but when couples vehemently disagree on marital issues, some can quickly find themselves in front of a judge. A contested divorce is when a couple cannot agree on marital matters, including alimony, property distribution, child support, child custody, and anything else related to the marriage. Contested divorces can occur when even one issue is unresolved. Throughout a contested divorce, a court will make efforts to avoid litigation, including through the assessment of mediation and other alternatives in the Case Management Conference and presenting the parties with a recommendation of how to resolve the issues in the Early Settlement Panel. If these tactics do not work, the couple will need to litigate the divorce. That being said, many people seek to avoid contested divorces, as the litigation process opens couples up to equitable distribution, a process by which their assets are distributed not “equally,” rather, they will be distributed according to what the court regards as a “fair” split.
If a couple can resolve marital issues and bring an agreement to court, they may avoid the pitfalls of litigation. More people than ever are coming to the realization that avoiding court is often in the best interest of all involved. In many cases, as long as spouses are capable of openly and honestly communicating with one another, they are able to agree upon the terms of their divorce without the need of entering the litigation process. That being said, rather obviously, not every couple can do so, for various reasons. Fortunately, there are other options on the table, known as Alternative Dispute Resolution.
Alternative Dispute Resolution
Taking control over the outcome of your divorce often softens its impact on both you and your family, which is paramount, especially when children are involved. Many couples do this through the process of Alternative Dispute Resolution (ADR), a method used to negotiate issues related to the marriage and draft an agreement to be later used for the divorce. There are a variety of ADR options available including mediation, collaborative divorce, and arbitration. These options work to take the animosity out of the equation and negotiate issues centered around a common goal. In the end, most divorced couples find that the results are bearable and the split amicable. Furthermore, not only does choosing an alternative method of divorce help you and your spouse accept its outcome more easily, but it also can make your divorce far easier for your children to accept as well. When you choose an alternative divorce method, such as mediation, your children will see their parents cooperate with one another, instead of bicker and fight.
There are few things more important to the outcome of your divorce than cooperation, which is why our firm strongly advises hiring an experienced divorce mediator, as long as you believe you can still work with your spouse. That being said, of course, this is not always possible, which is why if you are entering the litigation process, you will need a knowledgeable divorce attorney on your side to ensure your rights, assets, and children are protected. No matter your situation, please do not hesitate to reach out to the Law Office of Sarina Gianna, LLC today to learn more about what our firm can do for you.
Contact An Experienced, Compassionate Divorce Attorney
Divorce can be difficult. Having a strong advocate on your side can help put your mind at ease and help you pursue a fair result. If you are involved in a contested divorce, our firm will work to protect your rights and future. We will fight for your best interests every step of the way. If litigation is necessary, our trial experience will provide you with zealous, effective representation. If you are interested in ADR, including divorce mediation, our firm is ready to act as a mediator, helping you and your spouse through marital issues in order to file for an uncontested divorce or represent one of you while you engage in other forms of ADR. Contact the Law Office of Sarina Gianna, LLC to discuss your divorce options with a knowledgeable and dedicated divorce attorney.