The media focuses on divorce battles so much that many people equate divorce with an all-out war. Though it receives much less attention, agreed divorce does exist and it is a much more pleasant process. Divorce may not be a pleasant thought in general but knowing that it need not be a fight can make the situation easier to handle.
A divorce lawyer plays a big role in helping many couples reach an agreement regarding the terms of their divorce. An uncontested divorce occurs when both parties get what they want. An attorney helps clients come up with mutually-beneficial solutions. This process typically involves some creative thinking, something that couples may be unable to do themselves whilst in the throes of divorce.
By getting expert divorce help, couples can end their marriages without huge arguments. An attorney provides a client with education regarding divorce rights and representation during the negotiation process. In many agreed divorce cases, paperwork is not served by a process server, reducing the confrontational aspect of the situation. Instead, the attorney meets with both parties or the other spouse to explain the process and files a special petition with the court.
Taking a collaborative approach to divorce reduces the level of stress, frustration, and emotion involved in the situation. Focus remains on coming to an agreement rather than placing pressure on the other party. While the divorce petition is being processed, the attorney and client create an inventory of marital assets to be divided upon divorce. If the couple has children, the lawyer discusses parenting plans, visitation, and child support.
After all necessary information is gathered, the divorce lawyer prepares an agreed decree of divorce. This document reflects the agreement that the spouses came to during the negotiation process. Once this document is finalized and signed by both parties, it is filed with the court. Depending on residence state, the spouses may need to appear in court to present a brief testimony. The court signs and enters the decree, making it legally binding upon both parties.
An agreed divorce usually takes between three and four months during which both spouses should remain patient and keep their emotions under control. By engaging in open communication, avoiding conflict, and being flexible, the couple should be able to end the marriage without much disagreement. Having an attorney there to help smooth the rough patches makes this life-changing process easier to handle.