There are so many types of divorces a person can choose from. Here is everything you need to know about collaborative divorce and mediation to know if you should need a divorce attorney or a mediator.
What Is It?
A collaborative divorce is more like a combination of a traditional divorce mixed with legal teams. In this divorce type, there are two parties, aka the spouses and each of them has an attorney or lawyer who represents the case on their behalf.
There is a contract made that entails that the parties are choosing a collaborative nature for the divorce proceedings. If you want to go for a divorce type, where you want legal guidance, then collaborative divorce is the best option to consider, as you don’t have to do anything and the lawyer takes care of all of the hearing dates, paperwork, and other intricate things in the proceedings.
Cost Of Collaborative Divorce
Whenever you involve legal teams or an attorney in any kind of matter, it is obviously going to be more expensive. Collaborative divorce is no different either. It is a much more expensive divorce procedure since you need to pay the lawyer a certain amount of fee.
The best thing you can do is to get the divorce process done as quickly as possible because the longer you stretch the process, the more expenses will be added, along with the lawyer’s designated fee. This is not a good option for you if you don’t have a lot of finances, because you don’t want to blow it all up on a divorce.
Is It Formal?
Yes, a collaborative divorce is a formal process and you need to be present with your lawyer at all times, during a hearing. The divorce case is handled by a judge and it’s like a trial, but way less intense.
There are a lot of professionals involved in a collaborative divorce, like financial specialists, child custody specialists, and more, who decide, on the basis of the law and the financial situation of both parties, the division of assets, the custody of children, and other things that need to be taken care of.
Mediation, as the name suggests, allows a singular neutral person to smooth out the disputes between the two parties. The mediator can be an attorney or a legal officer, but it’s better if there’s an attorney involved because they have better knowledge of how to control common disputes between the partners.
A mediator is responsible for resolving issues like child custody, financial division, property disputes, and alimony. The two partners will set a date and have a mediator come along. All the agreements are made and put in a contract, to legalize the information.
Is It Expensive?
No, mediation is not expensive at all as compared to a collaborative divorce, or anything which goes to court.
This type of divorce is preferred by people who don’t want any confrontation and want things to be sorted out outside of court and in an amicable way. You just need to take care of the mediator’s fee, since he/she will be a neutral third person who will resolve the issue from an outsider’s standpoint.
These divorces get resolved quickly as the matters and disagreements are tackled firsthand and everything is sorted, by the end of the meeting.
Who Makes The Decisions?
If you’re confused as to who makes the decisions in this type of divorce, then you should know that the mediator is not the cardholder. The mediator is only there to resolve your issues regarding the separation and nothing else.
The decision lies in both of the partners’ hands and they can decide how to proceed with the divorce once all of the agreements are legally made and everyone is on the same page. The mediator is not legally allowed to side with any one partner, otherwise, the decision will be biased and not justified in the eyes of the court.
There you have it!! This is one of the most important things to choose, after deciding to part ways with your soon-to-be ex-spouse. Now you know everything about these two types of divorces. Consult a family lawyer Fairfax VA to select the right type of divorce.