Advocacy
When husband and wife have an acrimonious separation or if the issues are complicated, advocacy is generally the route taken. In advocacy, husband and wife hire their own individual attorneys that advocate for their client's benefit in court. This option may be necessary when there are severe disagreements on the important matters regarding the divorce or when one (or both) of the parties believes that the other is not "playing fair." If one party is noticeably dominant or intimidated by the other party, advocacy can bring the situation on to a level playing field. Advocacy may also be preferred when there is difficulty determining how financial assets should be shared or how child custody and care should be implemented.
Advocacy can take place either in court or out of court. Each person's attorney acts as their respective mouthpiece and negotiates effectively on the person's behalf. If both parties through their attorneys can mutually agree on a settlement, then court hearings are most likely avoided. However, if problems and disagreements continue to be stumbling blocks, the attorneys will present their clients' case in court.
Court visits can also be avoided if negotiations are successful between your attorney of choice and your spouse's lawyer. If negotiations are completed with the satisfaction of both parties in tact, a document is drafted to incorporate all aspects of the agreement regarding custody, support, and/or property. In most cases, the written document is a binding contract known as a "Separation Agreement and Property Settlement." Generally, one party's attorney proposes the contract, although the other party's attorney may draft revisions after consulting with the opposing spouse. In rare occasions, some or all of the agreement may appear in a court document known as a "Consent Order." This document enters into a court file without a lengthy evidentiary hearing.
If a court visit is necessary, the judge must fully and equally hear both sides before coming to a reasoned decision. This court visit does not necessarily require either party taking the witness stand. Instead, written statements made under oath can often provide a judge with all the necessary information to reach an outcome.
Court is a difficult process that can be made even more difficult and time consuming if the couple disagrees, argues, or demands a lot. Because of the constant tug-of-war between the parties, advocacy divorces tend to take much longer to resolve. Matters that go to court also tends to cost both parties more money, as divorce attorney expenses correlate directly to the amount of time needed to reach resolution.
Moschetti Family Law can help you through this difficult time. Our lawyers are experienced and reputable trial attorneys and have handled many difficult cases before the court and many outside of court as well. Call us at
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