Divorce can be complex in many ways in Fairfax. For example, there are a lot of factors that go into whether a case is more or less expensive than another. For example, if the parties are extremely cooperative, it is likely that the case will cost a lot less than if there are multiple issues that end up being litigated in the trial. Additionally, a divorce case that has simple assets, no children, and no support is going to typically cost less than a divorce case that has assets to be divided, spousal support, and custody.
There will also be many issues of mediation and negotiation that are important to consider, as well as determining the best interests of children if they are a part of a divorce case in Fairfax. Hiring a compassionate divorce lawyer is important during this difficult time. A divorce lawyer will go through all the considerations of a Fairfax divorce.
Typically, each party is responsible for their own attorney’s fees and court-related costs. There are some exceptions to this rule. There are ways to ask the court to have one spouse reimburse some or all of the attorney’s fees of the other spouse. It is not a common occurrence that a court will award attorney fees. However, when attorney fees are awarded typically there is a situation where one spouse has greater resources to fund litigation.
Also if one spouse by their actions has made the case a lot more complicated and expensive, the court might award attorney’s fees. If the incomes of the parties are disparate, the court might have the higher earning spouse contribute more to the attorney’s fees than the other spouse. Most commonly, each party ends up responsible for their own attorney’s fees.
A divorce coach is a person most commonly utilized in the context of some sort of alternative dispute resolution, like mediation or collaborative divorce, and is sometimes taken into consideration in a Fairfax divorce. A divorce coach is typically somebody experienced in mental health issues who can assist one of the parties in the difficult emotional process that are often involved in a divorce case.
This person does not have a formal role in terms of the trial or presenting the evidence; their role is to help guide and support one or the other party through the process.
Role of a Mediator
In a Fairfax divorce consideration, if the party has chosen to mediate, the mediator is going to be a neutral third party. The mediator’s responsibility is to ascertain what the goals of each party are and help the parties try and move to a common, middle ground that could provide a sensible resolution for both sides.
A mediator is not allowed to provide legal advice to either party. A mediator is not allowed to make any kind of binding decision. The mediator’s role is to help the parties reach a compromise in any way possible with the caveats that they cannot provide legal advice or make any binding decisions.
Mediators work for both parties at the same time. One side might want something and the mediator is going to take it to the other side and ask how they see the situation. The other side might not agree to have a new point of view, so the mediator can act as an intermediary between the two parties to help them hear, see, and understand each other’s position.
Explaining Mediation, Arbitration, and Litigation
Each of these items is a different method that could be used to resolve a divorce case and these methods are available to all parties, depending on their needs and their willingness or ability to cooperate. Mediation is a process where the parties sit down with a mediator, a neutral third party, and talk through the disputed issues to see if they can come to some sort of compromise that would be okay for both sides. If they can, often times what comes out of that mediation is a settlement agreement.
Arbitration is a process where both parties present evidence to an arbitrator who is given the authority to make findings and decisions about the disputed issues. Once the evidence is presented, the arbitrator decides. It is similar to going to trial, but it occurs in a less formal environment typically. The arbitrator does not have to be a judge, but many times that will be the case. Litigation is what people traditionally think of as the person’s case in a court room in front of a judge. In that scenario, the judge is going to make a final, unwinding decision with regards to the contested issues.
Children of a Divorcing Couple
Children are an important consideration in a Fairfax divorce. They should be told and reassured whenever necessary that both parents still very much care about them and this does not change anything about the relationship between the children and the parents. Most judges feel strongly that unless there is a serious issue involved in a case, such as some sort of physical abuse, the children should be kept out of the process because it can be very difficult and hurtful to kids when they are in it.
During a divorce consideration parents often find the children in the Fairfax area, somebody, to talk to, like a therapist, a guidance counselor, or somebody to whom the children can open up to and not have to worry about hurting anybody’s feelings or have any negative repercussions.