Just because you’re ending your marriage, it does not mean you have to go in front of a judge. There are opportunities for couples to work through their legal dissolution and support plans via mediation, collaborative divorce process, or private judging. Hemmer and Barr can help clients — as couples and as a family — resolve issues and negotiate the settlement agreement out of court. There are many benefits to choosing an out-of-court divorce, including potentially saving time and money, having a say in the final agreement, and keeping the divorce as amicable as possible.
Collaborative Family Law
An amicable divorce may be achieved by using collaborative law, which requires the commitment among all parties to settle your case and have an out-of-court divorce.
Both parties must hire their own collaborative divorce attorney. You will initially meet with each attorney privately to discuss your case and what results you’re hoping to achieve. The two of you will then meet with your spouse and their collaborative divorce lawyer to discuss and negotiate various issues. Expect to have a few of these meetings through the collaborative divorce process. Collaborative family law may involve a team of collaboratively trained professionals who work with you and your spouse to come to a mutual settlement agreement. Other neutral third-party individuals – such as a Certified Divorce Financial Analyst, a custody evaluator, mental-health professional, or mediator – may be involved as well.
You should only go through the collaborative divorce process if both you and your spouse are willing to communicate with each other and compromise. Keep in mind that if one of you decides to pursue litigation, the collaborative process ends and both attorneys must withdraw from the case – meaning you will have to look for a new attorney to build your case and represent you in court.
In divorce mediation, you and your spouse will meet privately with a neutral third party known as a mediator. A mediator from Hemmer and Barr is there to listen to both of your needs and wishes and then help you explore different settlement options. A mediator is not there to offer any legal advice. It is strongly advised for you to still have an attorney whom you can consult with outside of mediation and who will review your final agreement; your attorney, however, will not be present during your mediation sessions.
Private judging is an approach that lies somewhere between arbitration and litigation and can help you achieve an out-of-court divorce. In private judging the parties present their cases to a mutually selected judge outside the courthouse. The attorneys of Hemmer and Barr are experienced experts and any may be appropriate as a private judge for your specific case.
Let Hemmer and Barr settle your divorce case out of court, contact us today.