Divorce cases are emotionally triggering. In most cases, partners may seek a divorce based on a number of reasons and these reasons may either complicate the process of divorce or contribute to its rapid conclusion.
In Mesa, AZ, legally ending a marriage may be a confusing and complicated process. All these can be solved with the help of the qualified family law lawyers at Jensen Family Law – Mesa who provide comprehensive representation and legal advice to their clients.
To help better understand the process of divorce in Mesa and the state of Arizona, there is a need to understand the types of divorce legally recognized by the state’s family laws and other important information that could help you to navigate the process of divorce.
The Difference Between a Contested and Uncontested Divorce:
A couple could choose to initiate an uncontested divorce or a contested divorce. The decision is based on the situations surrounding the divorce. In the case of an uncontested divorce, both parties have agreed to separate and dissolve the legal union and have also agreed to the terms of the divorce. The terms of the divorce may include child custody and visitation (if there was a child from the marriage), property and assets division, and other modalities. In the case of an uncontested divorce, chances are high that the divorce case will be handled and completed as fast as possible as there will be no legal hindrance.
A contested divorce case is one where both parties cannot seem to agree on the terms of their marriage dissolution. The disagreement may stem from either property division, debt division, child custody and visitation agreements, or others.
In the case of a contested divorce, the need for an attorney is more obvious as each party’s attorney will work hard to protect each client’s interests, ensuring that their rights are not infringed upon.
A collaborative divorce is one of the modern and unique approaches to dealing with divorce cases. A collaborative approach to divorce may be adopted in contested divorce cases. This divorce process requires both parties to work together, with help from their legal counsels, to achieve common ground on the important decisions that will contribute to the dissolution of their marriage.
As part of this process, both parties with their lawyers’ assistance will agree to not litigate the case.
Legal Separation vs. Divorce: The Difference
In most cases, people are well aware and educated about the process of divorce. However, divorce may not be the only legal option to dissolve a union. It is important to note that divorce is a permanent legal move. A legal separation, on the other hand, is a more temporary approach to regaining your freedom.
While similar to divorce in that both parties need to reach an agreement on certain issues, legal separation is best for couples who wish to spend time apart without permanently dissolving their union.
To learn more about legal representation, speak to the family law attorneys at Jensen Family Law – Mesa.
Other Important Legal Terms In Divorce
While the divorce process is a comprehensive one, there are some other terms that you may come across during this process. It is best to understand what these terms mean as they may help you in making the best decision for yourself. Rest assured that the attorneys at Jensen
Family Law – Mesa will see to it that you are properly educated on the options you have.
- Mediation: Mediation is a method an attorney or law firm may explore to resolve issues in a marriage thereby saving it from permanent dissolution. Mediation can come into play prior to litigation and involve both couples discussing their marriage with a neutral mediator who seeks to facilitate the resolution of issues.
- Arbitration: This involves the services of a private judge or arbitrator who has been hired with the sole aim to settle disputes. Although an expensive option, arbitration guarantees a faster resolution of divorce cases.
Hiring an Attorney
Whether a contested or uncontested divorce, the services of an attorney are invaluable. During the hiring process, it is important to note that your case is only as strong as the legal representation you have. To secure the services of the best attorneys to represent you in your divorce case, below are some of the questions you should ask.
What are your attorney fees and how do you charge?
Divorce cases can be expensive, both emotionally and financially. To ensure that you can cater to the financial aspect, be sure to inquire about the attorney fees and how the fees are charged. Some attorneys charge a flat rate while others charge an hourly rate.
Will I need to appear in court?
Many people are not comfortable appearing in court. However, in litigation cases, this may not be avoided. Seeing as litigation is only necessary when the divorcing parties can’t seem to reach agreements on certain terms required for their legal separation, a court appearance may be necessary.
Do you have experience handling cases like mine?
Experience is an important factor to watch out for when choosing an attorney as this can make a significant difference in the outcome of your case. Be sure that your chosen attorney is one with remarkable experience in handling divorce cases similar to yours.