Three Common Questions About The Legal Process Of Divorce
If you are planning to get a divorce from your spouse, you likely have a lot of questions about how the legal process is going to work. Here are three common questions that you may have about the process.
Will Divorce Proceedings Immediately Go To Trial?
One of the misconceptions about the divorce process from televisions and movies is that you are going to have to go to court to settle things. That is simply not true, and a trial is only used as a last resort. The process begins in mediation, which can happen before you even find a divorce lawyer to help you through the legal process.
Mediation is when you and your spouse sit down and try to work out the details of the divorce together and come to an agreement about what will happen. This can range from decisions about what to do with specific personal property items to child custody arrangements.
Will A Divorce Be Expensive?
A divorce will only be as expensive as you make it based on how many joint decisions you can make with your spouse. You can limit the time in mediation by making joint decisions beforehand, and only leave mediation for the problematic items that you are having a tough time making a decision on. You can also avoid the costs of having to go to trial by settling the entire divorce within mediation.
Do You Need Your Own Lawyer For A Divorce?
It's important to think of the legal situation behind a divorce when trying to understand why it is not advised to have a single lawyer. You and your spouse are essentially entering a lawsuit against each other, and having the same lawyer represent the both of you would be a huge conflict of interest from a legal perspective. That is why a lawyer will not even take on your divorce if they consulted with your spouse prior to you contacting them; it would be a conflict of interest on their part since they know information they cannot share.
That said, you can use a single mediator during divorce proceedings to help you navigate the process. They will not be able to give you legal advice during mediation, but they can help facilitate decisions that need to be made between you and your spouse.
Don't go through the divorce process without the legal help that you need. Meet with a divorce lawyer in your area for a consultation about your upcoming divorce.