Divorce laws fall under family laws in the US. There are several ways to get a divorce. The first method is under the collaborative law, which the divorce is handled out of court. The second method is known as Pro Bono,. In this case you fill out the forms and prepare the paperwork yourself for the County Clerk to register. Pro Bono divorce is the cheapest method of getting a divorce but it is not recommended to anyone who has property or children at stake. Pro Bono cases represent themselves in a court of law.
The third method is the traditional litigation laws in which both parties hire an attorney and handle the divorce in a family court.
if you do not have children or property going the Pro Bono route can save you hundreds of dollars. Most states charge around $100 or less to handle Pro Bono cases.
If you do have children or property at stake, you can choose the collaborative law to handle your case out of court. In this case you will join an attorney in a conference room, or proper setting to discuss your case. Both parties involved in the divorce must come to an agreement on how the property will be divided and who gets custody of the children. Alimony and child support is discussed as well in which both parties must agree also. If both parties cannot come to an agreement the attorney will exit the case and you must hire your own attorney to represent you in a court of law.
The traditional litigation cases are always handled in court. Both parties are represented by their own attorney and the presiding arbitrator listens to both sides. Once both parties have spoken the judge decides who gets the children, property, etc.
If you choose to handle your divorce through traditional litigation processes, expect to pay more than $2000.
If you are considering divorce it pays to weigh out the can and cannot do, as well as the impacts divorce can cause. There are alternatives to divorce, such as legal separation. If both parties are willing you can take legal action to separate in which you can decide later if you want to divorce.
Divorce affects everyone involved, especially young children. When a couple is divided or angry they may act in haste. Always consider a divorce when your mind is clear. Once you are divorced there is no turning back unless you are willing to get married again. This has happened in the past, where the couples that got divorced have reconciled and re-married. The down-side of this reconciliation is the thousands of dollars spent to divorce.
If you choose to get a divorce it is important that both of you understand the divorce processes. if you chosse traditional litigation then you must consider the family court process as well as the chief decisions that you both will have to make to resolve the case. Alternative dispute resolutions are offered in family court in which you will need to consider those as well.
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