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If you are going through a divorce, you are likely envisioning a long and bitter courtroom battle. Truthfully, most divorce cases are settled out of court. Couples today have many options when getting a divorce, and while it may seem impossible, a divorce case can be resolved quite peacefully and amicably. If you are going through a divorce, a divorce attorney in Birmingham, MI can explain your options and help you through the entire process.
Mediation in Michigan divorce cases can be voluntary, or a judge may order a couple to attempt to resolve their issues during mediation before going to trial. During mediation, you and your spouse will meet with a neutral mediator who will try to foster compromise and bring the two of you to an agreement.
Mediators do not provide legal advice. They are only there to try to help you reach an agreement. If you do reach an agreement during mediation, the mediator will submit it to the court for final approval. If you do not reach an agreement, you will have to try another avenue, such as litigation, to resolve the disputes. Due to the fact that mediators do not act as legal counsel, it is important to work with a divorce attorney in Birmingham, MI while going through mediation.
Like mediation, collaborative divorce takes place outside of the courtroom. However, instead of a mediator being present, collaborative law only involves the two parties and their respective attorneys. Certain professionals are also sometimes involved in the collaborative divorce process. Vocational experts, childcare experts, and mental health experts are just a few of the professionals who may be involved in a collaborative divorce.
It is important to know that if the collaborative divorce process fails, you will have to enter litigation to finalize the divorce. You will also have to work with a different divorce lawyer, as the one that represented you during collaboration is barred from representing you in litigation.
Litigation, or going to trial, is what many couples fear most when going through a divorce. Unfortunately, sometimes it is the only way to ensure your rights are protected. During trial you, your spouse, and your lawyers will appear before a judge. Your lawyer will make arguments for child custody, child support, property division, and other terms of the divorce. Your spouse’s lawyer will also make arguments and you and your spouse may have to testify.
After hearing all arguments and reviewing all evidence, a family law judge will make a final decision on the case. During litigation, it is possible to still reach a settlement, as negotiations can continue throughout the process.
Divorce is always difficult, but it is important to know the options available that may make it a bit easier. If you are getting a divorce, our divorce attorneys in Birmingham are here to help. At Iafrate & Salassa, we can help you determine which divorce option is right for you and help you through the process. Call us today or contact us online to schedule a free consultation.
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