What Options Are Available To Address Marital Difficulties?

• An Uncontested Divorce can be obtained when spouses are in agreement on the terms to be contained in their divorce papers or when one spouse does not intend to respond to court proceedings filed by the other spouse. An uncontested divorce, where the spouses are cooperative, can be obtained by simply filing documents required by the court. There is no need to appear before a Judge. This option is the most cost effective.
• A Contested Divorce occurs when spouses are unable to agree on all the issues which need to be resolved. Such a situation can be addressed in various ways. The spouses may each obtain their own attorneys to negotiate a resolution and/or represent their interests in Court. If reaching an Agreement is impossible, a final determination will need to be made by a Judge.  The Judge will consider the assets, length of marriage, contributions of each party, and divide the property equitably.
• A Legal Separation: Couples who are uncertain if they wish to remain married can consider a legal separation. A legal separation enables the parties to live apart, divide their assets and debts, and set custody and child support parameters while remaining legally married.
  
  Among the reasons for seeking a legal separation are protection from responsibility for your spouse’s future debts and to provide continued medical insurance coverage for your spouse through your employer.
  
  It is important to remember that if you enter into a legal separation you remain legally married and are unable to marry another.
  
  A legal separation can be accomplished via filing a Separation Agreement with the County Clerk or pursuing a Judgment of Separation from the Court.

What About Mediating Our Divorce/Legal Separation?

Mediation is a method of resolving disputes outside of court with at least one attorney who participates as a neutral. These services can be a cost-effective, less adversarial alternative to traditional divorce and separation proceedings. The mediation process works to achieve a peaceful settlement between disputing parties. Our experienced mediators lend support and offer their expertise to assist our clients in resolving disputes in a confidential setting.

Because both parties are fully engaged in the entire process, you control how fast you want to move along. You have the ability to expedite the process and reach a resolution much faster than you would in a traditional divorce since the control is in your hands. Likewise, you can also control the cost.

Since the mediator acts as a neutral third party, he/she is unable to provide legal advice to either side. As such, if you are currently involved in a mediation and need an outside attorney to provide you with legal advice, our attorneys are available to represent you and ensure your interests are protected.

Parties that have an interest in having more control over the outcome of their case, avoiding the adversarial process and costs that may be entailed with court, and have a certain level of mutual trust in one another are the typical candidates for mediation.

We Can Help

Regardless of which option is required by the client’s particular circumstances, current court procedures and continually changing requirements demand advanced legal knowledge and procedures. Baaden & Hirschey possess that knowledge and routinely assist clients in all of these types of matters.