• Divorce/Mediation

    There are several options available to you when it comes to marital dissolution. One is formal divorce litigation which includes a courtroom trial or private collaborative divorce process that takes place outside of court. Another option for reaching a divorce settlement agreement is to mediate your case through a divorce mediator. The attorneys at Flaherty Law Firm are also experienced divorced mediators who are prepared to represent you in divorce case regardless of which option is pursued in your case.

    The process of litigating a divorce through the court system begins with the filing of a Petition for Dissolution of Marriage with the court. Next, temporary orders may be entered, outlining not only how you and your spouse will share time with your children, but also what child support and alimony support will be, who will live in the marital home, how the bills are going to be paid, and any other issues that need to be addressed during the divorce proceeding. At this time, the court will also enter an order that sets deadlines for getting certain things done and may also require mediation for the parties to try to settle their case outside of court. Ultimately, if you and your spouse are unable to reach a settlement agreement, a trial will be held and the judge will decide who gets what, who pays what, and whether you will have sole custody or joint custody of your children, and will set a visitation schedule.

    The Collaborative Divorce Process:
    In some cases, a collaborative divorce process might be the best option for you. Unlike traditional, position-based litigation, the collaborative divorce process involves interest-based negotiation and allows you to make your own decisions instead of a judge. It is client-driven rather than a court-driven process, and cooperative rather than combative.

    The attorneys at Flaherty Law Firm are trained and experienced in the collaborative divorce process and can effectively represent you in your collaborative divorce. You, your spouse, and your attorneys sign an agreement to collaborate on a settlement agreement and not go to court. Private, informal meetings are subsequently held, and information and documents are freely exchanged in order for each party to make smart decisions about your children and financial future.

    Divorce coaches address any emotional issues which may interfere with your collaborative efforts. If needed, other collaboratively-trained professionals can be employed to assist with financial and child-related issues. Once an agreement is reached, the necessary paperwork is drawn-up and filed with the court to finalize your divorce. If collaborative efforts fail, which is rare, each of you is required to hire new attorneys for litigation purposes.

    The collaborative divorce process is private, respectful, and results in a mutually beneficial outcome without the added stress, publicity, and inherent expense associated with litigation.

    Mediation is typically a lower-stress, lower-cost alternative to traditional divorce litigation. It is an alternative dispute resolution process which is often required by the court before proceeding to trial and, if successful, results in an out-of-court settlement. Spouses meet with an independent mediation professional, typically an attorney, who facilitates their settlement negotiations. The mediator is a neutral settlement facilitator who does not represent either party and cannot provide legal advice.

    Mediation can occur at any time before or during the divorce proceeding and can be done either with or without legal representation. One or more mediation sessions will be held, depending upon the issues in your particular case. Once a settlement agreement is reached, it is put in writing.

    The attorneys at Flaherty Law Firm are experienced divorce mediators who have mediated divorce and other family law disputes both with and without attorneys being present. For more information, or to schedule mediation, please contact us.

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