When it feels like your marriage has run aground, it is time to start preparing your documents for divorce. If you plan on having a mutualcase, then you should make that you and your former love are on good terms. Of course, it is okay if you are not the best friends. After a break-up, it is hard to have no resentment, disappointment, and heartache. However, if you two don’t mind setting negative emotions aside and cooperating, then you can give a mutual divorce a try. However, before you start, ask yourself and your prospective attorney-in-law a few questions first.
Can your couple resolve your issues amicably?
Before you abandon the idea ofresolving your disputes in a more traditional way, make sure that you and your soon-to-be ex-spouse agree well enough. Take note that even if you strive to resolve your issues amicably but are not sure about your spouse having the same intentions, most likely your case will end up in a trial.
However, if both parties are willing to collaborate, then it is time to look for a divorce servicethat will prepare your docs for you, as well as lawyers who will handle your case under the collaborative law model. To make sure that you are hiring a real pro, find out how long he or she has been involved in divorces and how many similar cases he or she has resolved.
Is your attorney fine with signing a contract?
When your couple decides to file for divorce online and settle your matters out of court, both of you along with your team members, including your lawyers and mediators, must enter into a participation agreement. By doing so, all of you agree to cooperate on the principles of trustful communication and mutual respect. If something goes wrong and one of the parties decides to proceed with the case in court, both of you will have to look for a new lawyer who will represent you when you appear before a judge.
Does your attorney have enough experience in mutual divorce processes?
Take note that it is not enough for your attorney to be unprejudiced and appealing to others. This person must have enough direct experience in the field of an amicable divorce. Even if your attorney-in-law claims that he or she has many years or even decades of work experience in court cases, it doesn’t necessarily mean that he or she can provide the needed assistance. Only an experienced collaborative divorce expert can help your couple reach a win-win agreement that will cater to everybody’s needs.
Has he or she been working on the cases that kids were involved in?
Marrieds who have no kids in common have more chances to resolve their disputes out of court. However, when there are little ones involved in the case, things turn sour. Your lawyer should understand that it is unacceptable to discuss crucial issues, such as loss of property and incurred expenses, in plain view of your little ones. If your attorney has never been working on the cases that kids were involved in, then he or she is more likely to cause emotional damage to your little ones.
Make sure that your kids are aware of the mutual nature of your break-up. Tell them how much their parents love them and make it clear that this is not going to change after the process is finalized. Before you make a final custody decision, listen to their opinion about this matter. Make sure that your kids stay away from all legal debates that you may be involved with.
Finally, what does your intuition suggest?
Remember that it is your family and kids who are involved in the case. So, it is never enough to ask a prospective lawyer a few questions before hiring him or her. Your instinct feeling matters a lot, too. Spend much time talking to your new lawyer and see whether or not you are comfortable discussing your money issues, child custody matters, and so forth with him or her. Before you hire this individual, make sure you are comfortable with him or her as your attorney and as a person. However, if you feel like this person is judging or blaming you at any point during your initial consultation, then you should better run a mile from such a professional.
While filing for divorce online along with this mutual approach to it is becoming increasingly popular among many divorcing couples, you must decide whether or not your particular circumstanceswill let you take advantage of this way of resolving your disputes. If you and your soon-to-be ex-spouse are lucky enough to benefit from this approach, then you two will give your family a greater chance to have a happier life post-divorce.
It is hard to overestimate the benefits you will get. Except for the ability to predict the outcome of your case, you will get a great opportunity to come up with creative solutions that will be satisfactory to you and your former better half. Remember that no traditional approach will let you maximize the interests of both parties as a mutual onewill do.