What if my ex-partner and I cannot agree on the terms of our divorce?
If you and your ex-spouse do not find a mutually agreeable resolution to issues such as property division, spousal support, child custody, visitation and child support, you may go to trial. A contested divorce can be negotiated by our firm, or litigated when the other party has unfair or unreasonable demands. This can be a stressful situation, and you need the highest quality Rockville divorce attorney to take charge of the situation. Our firm may be able to help you avoid this with creative negotiations so that your divorce can be settled without court intervention. Other options include mediation or enlisting the help of professional advisors and entering into a collaborative divorce.
What is the difference between mediation and collaborative law?
Mediation involves an impartial third party assisting with negotiations between you and your ex-partner as you address the terms of your divorce. The mediator may not give legal advice or advocate for either side. Legal advice may be sought independently by either party. Collaborative divorce involves the legal representation for both sides assisting them with reaching agreeable settlement terms. The latter involves signing a document agreeing not to enter into adversarial litigation during negotiations. While both processes are similar, there are differences which should be considered when selecting the option best for you. The attorneys at the Gardner Law Firm, P.C. can offer advice specific to your circumstances.
Who will get custody of the children?
In deciding matters of custody, the court will primarily consider the best interests of the children. Factors which will be considered include such issues as each party's parenting ability, any evidence of domestic abuse or neglect, the mental and physical health of each parent and their geographical location. Your legal counsel can argue your case in court or assist you in negotiating directly with the other party.
For answers to your questions about divorce and family law matters, contact a Rockville divorce attorney today.