If the termination of a marriage is contested in court the participants should prepare themselves for negative publicity and the fact that their private lives will be under scrutiny. A contested case also requires that each party hires his and her own lawyer. This can be extremely costly. In most cases it is best, in all senses and for all parties, to avoid a contested separation.
When the decision is made to terminate a marriage there are many considerations and many decisions to make. Both parties have certain rights. Unfortunately, many people are not aware of their rights and they do not have the ability to interpret the complex laws that govern these cases. The best route is to hire the services of an experienced and qualified mediator to achieve mutually acceptable separation agreement. Some lawyers actually specialize in this field.
It is not only lawyers that may be qualified to mediate a separation agreement. Some councillors also specialise in this field and their fees are often lower than those of the legal experts. There are even some priests and pastors that are qualified to perform these services. In order to ensure that the entire mediation process remains unbiased, it may be better to hire somebody not known to either party.
There are instances where mediation simply will not work. If the break up of the marriage was caused by violence and abuse the chances are that the abused partner will be scared and intimidated. If either of the parties involved refuses to negotiate or to discuss an issue, mediation is also unlikely to succeed. In such cases it may be better to actually contest the separation agreement in court.
Couples agreeing to mediation and an amicable settlement should do their homework. Before seeing a mediator, they should try and hammer out an agreement regarding all the important issues. They should discuss the division of their assets, insurance issues, custody arrangements and support. If they already agree in principle on these issues, mediation can be quick.
An experienced lawyer will conclude the mediation process by presenting both parties with a written agreement. One or both of the parties may want to obtain additional advice from an independent advisor before they will sign the agreement. Once it is signed, it is presented to a judge who will make the agreement an order of the court.
A marriage termination is never nice. There are always people that are hurt. There are always negative emotions. But the best thing to do is to try and arrange things in an amicable way. In this manner things can be resolved in an adult manner.
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