DIVORCE PROCESS OPTIONS
SELF-REPRESENTATION
Self-represented parties do not hire attorneys. The parties make all decisions, draft and file all the required pleadings, legal documents, and financial disclosure forms on their own behalf. Navigating the divorce process without any legal input can result in misinformed decisions, court rejection of an agreement and future disputes.
LIMITED SCOPE REPRESENTATION/CONSULTING LEGAL SERVICES
Limited scope representation/consulting legal services is an option for parties to hire an attorney to provide advice, document review, drafting, or other specific services. This allows a party to pay only for limited legal assistance rather than full representation.
MEDIATION
Mediation is a process in which parties hire a neutral attorney who works with the parties jointly but does not represent or advocate for either party. The attorney mediator educates the parties about the law, guides discussions to help them resolve issues, and drafts and files legal documents. The goal of mediation is to help parties reach durable agreements that meet the needs of the family. Mediation may require retaining financial or child experts to assist the parties to make well informed family and financial decisions.
LAWYER NEGOTIATION/LITIGATION
Lawyer Negotiation/Litigation is the traditional adversarial divorce process in which one or both of the parties hires an attorney who advocates for that client’s positions. Attorneys negotiate, but if an agreement is not reached on all issues, the judge will conduct a court trial and will make all final decisions. Even though most litigated divorces are ultimately resolved by a settlement between the parties, it can be a very lengthy process that is emotionally and financially expensive.
In all cases that involve child custody and placement disputes, the parties must participate in court-ordered mediation. If the parties cannot reach an agreement during mediation, the court will appoint a Guardian ad Litem to represent the best legal interests of the child/children. The Guardian ad Litem is an attorney who will investigate the case and make a recommendation as to custody and placement issues to the judge. The parties ultimately are equally responsible for the cost of the Guardian ad Litem.
