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Divorce

If your marriage is in the process of dissolving, it can be a painful and difficult process. There are many hurt feelings that can be hard to dismiss but often a divorce can be settled more easily if you are able to overcome your hurt. It is actually possible to avoid retaining the services of a divorce attorney if you use many of the alternative options that are becoming popular today.

Many communities have dispute resolution centers that can provide counseling rather than immediately involving the use of an attorney. While these are used more often for civil proceedings you may find that using one instead of an attorney can result in a more creative and equitable settlement. The use of a resolution center rather than an attorney will work best if there is no contesting of property or financial arrangements.

The argument that many people make is that you should try a dispute resolution service before you resort to calling attorneys. This is because it is often suspected that attorneys may contribute to the feelings of animosity. Attorneys have often been criticized or depicted in popular media as not helping the dispute resolution process and are often accused of making a bad situation worse by inflaming hurt feelings or encouraging one side or the other to “take them for all they’re worth”.

Whether this is true or not, many couples are turning to these alternate methods and forgoing the use of an attorney at all. It would be ideal if all divorce settlements could be resolved equitably and without the need for legal intervention but this is not always the case. There are a number of situations when it is absolutely essential that an attorney be involved in the divorce proceedings.

Often, if there is a large amount of money or other assets which are worth a great deal of money, the involvement of an attorney is necessary. If there are any contracts that are being disputed, such as a prenuptial agreement, couples will need to retain attorneys so that they can make sure that the clauses and details of the contracts are upheld.

If there are any allegations of abuse on the part of either partner, attorneys must be involved in order to make sure that the injured party is protected in the right way. This may not always be done by a divorce attorney. Depending on what the specific issues are, a divorce attorney may call in criminal or civil attorneys in order to make sure that the disputes are settled properly. As well, if either party is contesting visitation arrangements or child support payments, an attorney is necessary in order to make sure that these issues are properly dealt with. It is then more of a question of picking the right attorney.

However, not all divorce attorneys are created equal. Many younger divorce attorneys subscribe to a non-adversarial system of divorce resolution. They will often work with counselors in order to provide services that allow divorces to be settled calmly and rationally. Of course, attorneys will find this difficult to do if both parties are feeling particularly adversarial.

There are ways to tell whether an attorney is committed to peaceful and equitable dispute resolution. You should look for attorneys which work as part of a dispute resolution team or one that offers Alternative Dispute Resolution (ADR). If you select attorneys which offer ADR you can feel confident that they are committed to exploring different routes to settling the dissolution of your marriage. Many attorneys are now offering ADR which can be good not only for your self esteem and your emotional state, but your finances and sense of self worth as well.