There are many considerations that must be made to facilitate an amicable separation of married couples and the division of their household. The best way to achieve the most favorable results when ending a marriage is to work with experienced divorce attorneys who can guide each spouse through this process and help couples achieve a positive end to the union. In this second part of a two-part series, readers will learn what divorce lawyers can do for them, how to get assistance in making some important decisions, and what to expect once things conclude.
4. Divorce Attorneys and the Divorce Process
While it is true that not every marriage dissolution requires the assistance of a divorce attorney, the fact is that for the best overall outcome, most of them do. These proceedings involve a lot of paperwork, timely schedules, and preparation that can leave a spouse dealing with unfair arrangements and little recourse later on if not done properly.
Yet divorce lawyers do more than simply keep things moving along. Experienced and qualified attorneys analyze each spouse’s financial and personal circumstances and offer suggestions and advice that could provide more options for an agreeable ending to the marriage. They understand the emotional strain of divorce and will continuously guide clients who are facing such situations. These lawyers are instrumental in negotiating for their clients and supporting their best interests, while continuing to promote compromise. They will also suggest mediation where necessary in order to help separating couples get through sticky issues without the need to leave the final decision to the court.
5. Mediation and Court Decisions
The goal in every marriage dissolution is to create a proposal that outlines finances, division of marital property, and child custody and support if necessary. The result will hopefully be something that the court will approve as it stands. In this way, couples and their divorce attorneys have complete control over the negotiations and can outline a plan that is agreeable to them both. When parties cannot agree on things and the negotiation cannot move forward, there are two choices: let the court decide or work with a mediator.
Working with a mediator is a more favorable option than allowing the court to make a decision, since it still allows couples to somewhat be in control of their circumstances and final agreements. Mediators are qualified legal counselors who are experts at negotiation and can frequently offer more ideas and options for couples to consider. Yet when mediation fails, divorcing spouses must accept the decision rendered by the court.
6. When the Divorce Concludes
The divorce process can be a lengthy one, especially when negotiations are complicated and ongoing. Couples should expect the process to take no less than sixty days in the simplest of cases - and some cases may take many months to conclude. After all negotiations have been completed, or once spouses and their divorce lawyers have determined that they must rely on the court to assist them, the case will go before the family court. When a suitable separation proposal is presented, the court will either accept it as is or make its own changes. When negotiations must progress to a trial, the court must then hear both arguments and render their decision in an official order, which can prolong the proceedings. When the court is satisfied that everything necessary has been addressed, the marriage will be dissolved with a final court order.
With the assistance of experienced divorce attorneys and mediators if necessary, couples can usually work toward a more favorable end to their marriage. Divorce is challenging for all parties involved; however, with careful consideration and a willingness to compromise, each person can move on to a new life in the most positive light!
Garza & Elizondo, LLP
680 East St. Charles St, Suite 600
Brownsville TX 78520
1393 East Alton Gloor Blvd, Suite 12
Brownsville TX 78526