Reach a successful resolution to even the most complex divorce
The process of bringing the details of a marriage or domestic partnership to an end is a sensitive, stressful and often highly emotional time for the individuals involved. The divorce attorneys at Moradi Saslaw understand, and we pride ourselves on navigating our clients through the maze of divorce. We begin by explaining your different “process options” for your case – settlement, mediation, collaborative divorce, or litigation – and provide you a recommendation on the most appropriate option(s) for your case.
What are those process options?
1. Negotiated Agreement/Settlement
This is when a couple negotiates the settlement themselves or with the help of their attorneys. We work with people to protect their interests, including their wealth, custody, and visitation.
Settling out of court can save each person significant expense and reduce the amount of direct communication with a former spouse.
A neutral mediator, who is typically a current or former family law attorney, meets with the parties, with or without attorneys, to resolve a divorce. The mediator does not act as an attorney or advocate for either party. Rather the goal of the mediator is to help the parties reach agreement. The mediator may explain pertinent areas of the law to facilitate the discussion and resolution. Parties in mediation frequently retain consulting attorneys for advice during the mediation process. The consulting attorney’s role is to educate a client about the law as it pertains to them, and protect the client’s interests in reaching the mediated agreement.
Our attorneys act as divorce mediators and also serve as consulting attorneys to parties working with mediators.
3. Collaborative Divorce
The parties use a team of professionals to reach an out of court settlement. The team often consists of one attorney for each party, one mental health professional for each party, a financial consultant, and when appropriate, a child psychologist.
The goal is for the group to act as a team even though each side is represented by his/her own divorce attorney. The couple is encouraged to lead the discussions but they may also have private consultations with their attorneys. If one or both members of the couple chooses to litigate, the divorce attorneys and all other team professionals must withdraw from representation.
Litigation is the final alternative when the couple cannot reach a negotiated agreement on all or some of their issues. Through litigation, the couple asks the court to make decisions they cannot resolve.
Litigation is a more adversarial process where the outcome is contingent on complex legal rules and the particular facts of the case. We work with clients to develop a strategy and a road map early on that protects our clients’ interests.
Get the right support for this challenging time
Choosing to move forward with divorce is a big decision. Managing all the complications that arise once that decision has been made is challenging for everyone, but especially for those partnerships that include children, high-value assets, and complex financial situations. Finding the right team to support you through this process is essential to your future.