A contested divorce is when one or both of the parties do not agree on every element of the divorce. Finances are the biggest source of conflict, but other common issues include property division and child support.
If you need help negotiating a favorable divorce agreement, contact a Tarrant County contested divorce lawyer today. An experienced attorney could protect your interests at every step of the divorce process.
Role of an Attorney in a Contested Divorce
In a contested divorce, it is important for the attorney to identify and understand all of the assets in the case. It is also important for lawyers to be able to negotiate terms to seek a favorable agreement. When a divorce case goes before a judge or a jury, an attorney presents the case.
In a contested divorce, it is important that both parties work together. A divorce attorney must be the voice of reason in this situation because the parties are in a highly emotional and stressful time in their life. An attorney must be able to manage expectations and work well with the other side.
Protecting the Interests of the Children
The interests of the children in a contested divorce are handled in a few ways. Ideally, parents put their children’s interests ahead of everything else. That is not always the case, however, so the attorney has a responsibility to look out for the best interests of the children.
In highly conflicted cases, there are opportunities to appoint an ad litem attorney for the child to represent their interests. Additionally, parenting facilitators and parenting coordinators can help the parties manage the act of separating the family and learn how to co-parent. When the attorney feels they are unable to adequately represent their client and represent the best interests of the children at the same time, it is wise to have a separate advocate added to the case to represent the children.
Mediation, Arbitration, and Litigation
In mediation, both sides discuss and resolve the issues of their divorce case with a mediator. The mediator listens to both sides of the conflict and proposes potential solutions. They may try to assist the attorneys by advising the parties about the likely outcomes should they take the case to court. In arbitration, the arbitrator listens to both sides and makes the decisions. Both parties are bound by those decisions.
If a divorce case goes to court, the parties usually decide to go with a judge instead of a full jury. However, there are times when a divorce is so contested, they feel a jury is necessary. In highly-contested divorces when mediation does not work, there could be a fully-litigated trial.
Contact an Experienced Tarrant County Divorce Attorney
The courts are accustomed to contested divorces, but judges may become irritated by petty claims, and that could have an adverse effect on the outcome of the case. One of the most important roles of a Tarrant County contested divorce lawyer is to recognize when things too petty. Attorneys want to present their case in the best possible light before the court.
For sound advice and guidance through the divorce process, reach out to an experienced family law attorney today.