Contested cases can easily turn into ugly battles between two erstwhile partners that cannot agree to the terms of their separation. Such battles are fought in open court and everything that is said or used as evidence is in the public domain. Contested cases can be tremendously expensive. Each partner needs a lawyer and the more time they spend consulting with their respective lawyers, the more expensive the process becomes.
Even when a couple do not want to contest their separation, much remain to be done to dissolve their union. They have to agree on numerous issues such as the division of their assets and matters such as custody and visitation rights. The best solution is to hire a professional mediator to facilitate the process. This means that only one impartial professional will be required.
When a couple agree to mediation it is not even necessary to hire the services of a lawyer. It is also legal to make use of a specially trained and licensed mediation counsellor. This course of action will be considerably cheaper than the services of an attorney. It is vital, however, to hire an objective professional that will make sure that all the rights of each partner are honoured and that a fair agreement is hammered out.
Unfortunately, mediation is not always the best solution. Successful mediation demands both partners to be willing to communicate and to compromise. If one partner is abusive, violent or utterly unreasonable, no amount of negotiation and mediation is going to achieve a sensible agreement. In such cases the only course of action is to leave the conditions of the separation in the hands of the court.
Reasonable couples can cut the cost of a separation to the bone if they can manage to reach agreement on all the important issues on their own. If they can achieve this they do not have to spend much time with the counsellor or mediator and this can save them a considerable amount of money. This is the ideal course of action for mature adults that desires to minimize the negative effects of their separation.
As soon as agreement on all issues is reached, the mediator will compile a legal agreement that will be submitted to the judge. If he is satisfied that all the requirements have been met, he will make the agreement into a court order and the divorce decree will be issued. The matter is handled in private and the couple do not have to attend any court proceedings.
When couples separate, many people are affected in some manner. If the separation is violent and typified with spite and hatred, those affected suffer even worse. The sensible thing to do when a marriage is definitely over is to be civil about the matter.
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