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Divorce/Dissolution Options

Some people choose to divorce while others have that decision made for them.  In either circumstance, most couples can choose how they will divorce.  There are differentchoices options available, some of which are described below.   It is important to understand your options before proceeding and to know that running to the courthouse and suing your spouse for divorce is not the only option.  The manner in which you and your spouse ‘divorce’ will set the tone for the future relationships you have with your ex-spouse, children, in-laws and friends.   Attorney Magyaros will carefully work with you to decide which alternative is best for your particular situation.   She has the experience, dedication and compassion to guide you through this difficult time.

Collaborative Process

Collaborative law is an innovative and increasingly popular way of practicing law.  The collaborative method of  dispute resolution focuses on solving problems and reaching a settlement rather than resorting to the often painful, costly and time-consuming litigated divorce.   Each spouse retains a collaboratively trained attorney to represent him/her, and they formally commit to work together to reach resolution of all issues (including parenting, child support, division of property, spousal support and related issues) without court or judical intervention.
In the collaborative process, you and your spouse agree to an open and honest exchange of information, and agree to meet in a series of four way meetings involving the spouses and attorneys.  Children are better protected in this process, and specialized child professionals may be asked to assist the parents in resolving any parenting issues.   Also, mental health professionals may be brought in for assistance with parenting issues or for working spouses through the emotional issues that often arise and which may impede one or both spouses from working productively through the collaborative process.  Further, financial professionals may be utilized for complicated financial and tax issues that often arise in these matters.  Each case is unique which is another reason the collaborative process is often the preferred approach.  It enables the spouses to reach agreements that the court may not be able to do.
A Collaborative Divorce enables you to:
  • Be active and instrumental in planning the future for you and your children and not leave those decisions in the control of third parties
  • Create long term financial plans that make the most sense for you, your spouse and your children
  • Develop long range parenting plans that work for everyone involved thereby easing stress and negativity for your childrenholdinghands
  • Preserve your family’s financial resources – staying out of court saves money
  • Safeguard everyone’s emotional well being and interests
  • Proceed according to your schedule (not the court’s) in productive four-way meetings
  • Restructure the family while preserving and often strengthening those important lifelong relationships

Litigated Divorce

This is the traditional court process where the attorneys control the presentation of the case and a judge or magistrate is the ultimate decision maker.  The case is initiated by one spouse who sues the other for divorce by the filing of a complaint in court.  gavelrings It is an adversarial process and most often requires several hearings in front of a Magistrate and/or Judge before you are divorced.   In the event that you and your spouse are unable to settle of your issues before the scheduled trial dates, the attorneys present each client’s case to the Court who is entrusted with making the final decisions.   Sometimes, the Court may appoint a guardian ad litem as well as other investigative processes to assist the parties and/or the Court in making parenting decisions.  The parties often hire outside experts (financial, vocational, etc) to assist in presenting their facts to the Court.   Litigation is unavoidable in certain situations.   In those instances, the courts are available to handle your case, and Attorney Magyaros has considerable trial experience to assist you in this process.