In the realm of contested divorces, spouses find themselves at odds on crucial legal aspects related to their separation. Resolving such disputes can take various forms, including mediation, negotiation, arbitration, or litigation. Aaries Family Law handles both court litigation and out-of-court negotiation, providing clients with tailored strategies to address the complexities of contested divorces.
Court Proceedings: Opting for court involvement in a divorce doesn’t necessarily equate to higher costs. Most cases never reach the trial stage, as the court process is designed to encourage settlements along the way. Conferences with judges or dispute resolution officers play a pivotal role in identifying agreement and dispute points, initiating financial disclosure obligations, and promoting settlement offers. The court can award costs based on the reasonableness of settlement offers, encouraging parties to make and accept fair proposals. Although court offers the most procedural protections and remains suitable for highly contested cases, it is not the only avenue for resolution.
Alternatives to Court: Considering alternatives to court proceedings is a wise step, though the suitability varies based on individual cases. While initiating court proceedings may be necessary in some instances, starting with non-court options can be beneficial. Filing a court application as the initial point of contact may strain relations, making negotiations more challenging. Aaries Family Law advises clients on the most effective approach, whether that involves court or alternative methods, based on the unique circumstances of each case.
Mediation: Mediation emerges as a constructive means of addressing contested issues. In cases of a contested divorce with disagreements, parties can engage in mediation to foster an amicable resolution. It is a particularly effective method for settling parenting issues while addressing financial matters through a more litigious process. Aaries Family Law supports clients in mediation, either by actively participating or providing legal guidance outside the mediation process.
Separation Agreement: Initiating a contested divorce can involve drafting a separation agreement, which is then presented to the opposing party’s lawyers for review and approval. Often, this method successfully resolves all issues. However, if some matters remain in dispute, lawyers may initiate court proceedings to address the unresolved issues.
Arbitration: While arbitration comes with expenses, it offers the advantage of allowing parties to choose their arbitrator and accelerate the timeframe. Some arbitrators combine mediation and arbitration, attempting to mediate disputes before proceeding to arbitration if mediation fails. Although arbitration involves formal processes similar to court proceedings, it allows for a faster resolution.
Aaries Family Law recognizes the nuances of contested divorces and guides clients through the maze of legal complexities with a comprehensive and compassionate approach. Whether through court litigation, alternative dispute resolution, or a combination of methods, the firm is dedicated to achieving optimal outcomes for those facing contested divorces.