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In divorce cases, while every family’s situation is unique, there are some common goals. Typically, both spouses want to end the marriage quickly and as cost-effectively as possible while protecting the children and ensuring that property and support issues settle fairly.
Most people think there are two types of divorces, uncontested divorces or contested divorces. At WhitbeckBeglis, we look at divorces a bit differently, as either litigated divorces or negotiated divorces. Our divorce lawyers are highly experienced in representing and guiding clients in either type of divorce.
Litigation Divorce
In a litigated divorce, the parties cannot reach an agreement, and there are significant issues that require the court to resolve. A divorce case is initiated in court when one of the spouses files a lawsuit asking the court to grant a divorce to the filing party. Generally, it doesn’t matter which spouse is the Plaintiff and which is the Defendant in a divorce.
Negotiation Divorce
In a negotiated divorce, one or both spouses decide they want to separate permanently. The parties each hire attorneys and proceed with negotiating a resolution to their divorce. This can be done between the parties and their attorneys or through alternative dispute resolution services such as mediation. Once an agreement is signed, many states have a waiting period before a divorce can be finalized. When that waiting period is over, one of the spouses files an uncontested complaint for divorce, and the parties cooperate to finalize the divorce. Our firm can help you through this process as you obtain a Marital Settlement Agreement, sometimes called a Property Settlement Agreement, and then finalize your divorce.
Settlement Agreement
Our firm usually begins divorces outside of court with a letter to the opposing party letting them know that we represent their spouse and request disclosure of income, assets, and debts. Most of the time, this disclosure happens, but sometimes it does not. If the other party refuses to cooperate, the only option is to pursue a divorce through litigation.
However, if both spouses do the right thing and exchange complete information on the marital estate, our firm then prepares a contract called a “Marital Settlement Agreement.” This document may also be called a “Property Settlement Agreement” or “Separation Agreement.” This agreement sets forth terms that settle all of the disputes concerning the parties’ split and, if signed, is a final settlement of all issues short of getting an actual divorce decree or order from the court. Our firm will help clients understand the agreement’s particulars and what should or should not be included in the terms.
Divorce Litigation
If a divorce cannot be settled out of court, you need an aggressive and compassionate legal advocate by your side to litigate your case in court and get the best possible outcome. Divorces are stressful and complex cases. It’s essential you have an experienced attorney who understands the critical issues in divorce litigation as well as the unique circumstances of your family. Our attorneys are skilled in advocating for clients on matters such as the grounds for divorce (adultery, abandonment, etc.), child custody and visitation, spousal support and child support, and the division of marital property.
At WhitbeckBeglis we have litigated thousands of divorces in multiple states and we are ready to fight for you in your case.
