Divorcing your spouse is typically a stresful time, however here at the Law Office of Audrey J. Bryant, Esq., we encourage and attempt to complete divorces through negotiation and compromise. I believe the adversarial process can cause more stress than is necessary on the entire family. We believe children benefit if their parents can resolve a divorce without a long contentious court battle.
Here are a couple options available for a divorcing couple:
1. Traditional Divorce - this type of divorce starts with one spouse filing divorce papers with the court. Parties may contest every element of a divorce and be subject to the courts decision regarding those aspects. Here, parties also have the opportunity to agree on aspects of the divorce that they would like control over without the court intervening. We typically encourage agreements between the parties and work to negotate with spouses or other attorneys. We do understand, however, when some issues need resolution through either mediation or ultimately the court.
Agreements between parties save time, frustration and money.
2. Collaborative Law Divorce - this type of divorce is accomplished through problem solving negotiations that do not include adversarial techniques or tactics. It is based upon the principals of being proactive and seeking to first understand, and then to be understood. It uses a cooperative model for resolving conflict. Here all the issues are resolved and agreed upon between the parties prior to filing with the court.
3. Stipulated Divorce - If both parties agree to all aspects of a divorce, then we can prepare and file a Stipulated Agreement with the court for a reduced fee. We encourage Agreements between the parties, particularly for families with children, because it can save the client money, time and a lot of frustration.
4. Mediated Divorce - Another option for parties is mediation for their divorce. Here, the parties bring their divorce issues to a mediator who helps the parties come to an agreement. They typically can draft most documents for the parties to file with the court. The parties can then take the agreement or issues to separate counsel for review and advice, prior to signing. This usually reduces the cost of a divorce, and allows the parties to have input on as many areas of the divorce as possible.