Separation Anxiety: How a Lawyer Can Smooth Out a Divorce

Originally published by Bob Kraft.

Divorce is almost always hard on couples, and in most cases it results in animosity between the ex-partners. There is need for divorce to be settled peacefully, not only because of the children, but also because of the high cost involved in court trials. The following are some of the strategies used by lawyers to smooth out divorce proceedings.

Mediation

In most states, mediation is used to settle divorces peacefully. However, mediation does not work in cases where there has been domestic violence. During mediation talks, the lawyers from both sides sit with their clients and discuss the pertinent issues with the aim of arriving at unanimous solutions. In cases where this type of mediation fails, many advocates hire a designated professional mediator to preside over the main disputes in a divorce.

Arbitration

Lawyers will in some cases submit a case to arbitration. During arbitration, lawyers from both sides submit their cases to a law expert who upon listening to the evidence, looks into the legal solutions to the case before declaring their verdict. The decision made during formal arbitration is final; therefore, there can be no more court hearings. In informal arbitration, both lawyers seek advice from a family law expert. The legal expert will give a non-binding advisory ruling. In essence, an informal arbitration is the same as a court ruling. It gives both parties an idea of how the case would end up in a trial.

Settlement

In most divorce cases, lawyers keep urging their clients to settle. Lawyers shed light on the facts of a divorce case, and when their clients are likely to get a raw deal in court, they usually advise them to settle. Many divorce attorneys continue pushing for a settlement up until the scheduled date for trial.

Narrowing Issues

When lawyers cannot fully agree to a settlement, they usually attempt to narrow down the issues that will be presented during trial. This prompts clients to agree to a partial settlement, and leave the pertinent issues to a trial. For example, if one spouse wants sole custody of the child and the other side agrees to it, there will be no need to pursue this issue during trial.

Motion Practice

When clients cannot agree on pertinent issues, like custody, or mortgage payments, the divorce attorneys will file motions. Motions will help the clients predict what the judge is likely to decide, and provokes them to reach an amicable solution.

In many cases, divorce matters take a long time to be finalized. Divorce lawyers use many approaches to ensure a divorce ends quickly and peacefully. Some of these strategies include mediation, arbitration, settlement, narrowing down issues, and filing of motions.

This article is from Brooke Chaplan, a freelance writer and blogger. She lives and works out of her home in Los Lunas, New Mexico. She loves the outdoors and spends most her time hiking, biking and gardening. For more information contact Brooke via Twitter @BrookeChaplan.

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