With the economy on a steady decline, many families are being encumbered by the stress that comes with lack of finances. Many families are experiencing the turmoil of going through a divorce. Many people think that getting a divorce is impossible due to them being expensive in nature, however, there are several ways to minimize both the stress and the expense that companies divorce.
Mediation may be a wise alternative to hiring attorneys for dissolution of marriage. The use of a mediator can significantly reduce divorce cost. A mediator is a third party who is neutral to either spouse and will act as a referee by assisting the divorcing couple in making decisions that are fair and reasonable. A mediator can help the couple create a legally binding, stipulated Judgment of Dissolution, which is an agreement between the parties that clearly determines things such as community property, separate property and debt disbursement. A mediator will assist the divorcing couple in resolving property, custody and support issues in an amicable manner.
Generally, mediation is less expensive than attorney representation, because the cost is greatly reduced because the divorcing couple voluntarily exchanges divorces papers and important financial information, collectively retains experts when necessary, and avoids the expense of trial preparation and court appearances.
Oftentimes, a dispute process that has been completed through effective mediation results in both parties adhering to the agreements because they are actively participating in negotiating the agreements.
LIMITED ATTORNEY REPRESENTATION
In some cases, an attorney may be necessary, however, only on a limited scope basis. There are alternatives to hiring an attorney who will represent a spouse throughout all stages of the divorce procedure. Limited scope representation involves hiring an attorney who will provide divorce help at various points of one's divorce. Whether this is a good alternative depends on the complexity of the case and the parties' financial situation. Generally, limited representation involves less cost. While some attorneys will not work strictly on portions of a case, others will agree to act as collaborative attorneys or consulting attorneys.
The role of a collaborative attorney is to work with the divorcing couple and the spouse's attorney in an effort to reach a settlement on all issues. This could involve changing necessary information, selecting common experts and focusing on negotiating family issues in a mutual, informal environment. Because collaborative attorneys do not represent the spouses in court on any unresolved issues, the divorcing couple must agree initially to retain new attorneys if they need to go to court to resolve remaining issues.
The role of the consulting attorney, unlike a cooperative attorney, is to assist on a limited basis. A consulting attorney does not take on full responsibility for overseeing or handling the divorce case. The limits of the representation are set by agreement. Such services may include, for example, helping develop a negotiation strategy, teaching a spouse how to present an argument in court, involving a spouse to mediation or "signing off" on any agreement or even representing a spouse in court after the spouse has prepared and submitted all necessary paperwork to the court.
Whether or not one can obtain a cheap divorce depends on the perception of the individual. What is cheap for one, may be expensive for another, however, if the goal is to significantly reduce the divorce cost, the above alternatives may be considered. One should obtain all of the divorce information that they can before embarking on the cumbersome dispute process.