It has appeared that the decision to get a divorce has arrived, but despite making that decision, not many people have a solid idea as to where or even how to begin the process. Today in our legal world, there have been many different types of choices that a person can utilize when pursuing the divorce, which this article will explain in more minute detail.
Of course, there are the more traditional legal options one can use when filing a divorce. That traditional option is simply hiring a divorce attorney to represent each of the spouses and their claims. This option is certainly something that many couples like to use, especially for the types of couples that seem to have specific situations or are in a certain type of legal battle. These types of legal battles involve disputes over custody, support, property and other means of claiming ownership.
However, it is not the only option to use in the divorce process.
What other methods are there when it comes to filing a divorce?
Another option that many couples are starting to explore nowadays, is mediation. In the mediation process, mediator arrives, someone who understands the legal process and is trained to handle the cases. Sometimes the mediator can be an actual attorney. The mediator meets and discusses with the couple to try and figure out a plan that both parties can mutually agree on during their divorce process. This plan addresses many key issues that the couple may have, such as child custody, support of the spouse, splitting up property that both parties own, the couple’s debts, etc.
One key difference between a mediator and an attorney is that with an attorney, they can only represent the case/side of one spouse, while a mediator is willing to work with both spouses in a more collaborative means to ensure a mutual agreement has been made. If one decides to hire an attorney, the attorney will only represent one of the two spouses and will solely seek the interest of that one party during the case. This can result in disputed arguments and arguing over which spouse will claim ownership over what once the divorce is settled.
Are there any more options besides mediation?
When handling these types of legal cases and getting the desired help, another option that many people are also exploring is using what is called a legal document service, or LDA for short. This type of service will be explained further in the article, but if that service isn’t enough to help the interests of the spouses, the spouses can always file and handle the divorce case on their own, which can become a bit risky depending on the type of divorce case that is being handled.
These two options are similar to each other yet also differ in certain instances. When it comes to using a legal document service/LDA, the LDA has to meet certain requirements and must be licensed within their own county. Their type of services is required to prepare certain legal documents for their clients, especially to those that prefer to get self-help or want to be self-represented in their divorce case.
In short, the LDA helps couples prepare and file their divorce without having to use an attorney. This option can be a good one, but only the services they provide must have at least years of experience when it comes to legal documentation and preparation for a divorce case. The LDA also works with many attorneys that are potentially needed during the divorce if the LDA cannot provide the services that are necessary to the client.
Here is an example of the limitations of the LDA: if the client is being self-represented and also needs certain legal advice in their divorce case that the LDA cannot provide, then the LDA can do is suggest an attorney to the client that they associate with that can legally advise them. This method helps to achieve the goal of giving legal advice during a divorce case, while still given the option to be self-represented and not hiring an attorney officially to handle the case.
What about filing a divorce through an online service?
Although there are several online legal services, including those that handle divorce cases, the main key issue with them is that they fail to establish the couple as two different parties in their case that each requires their certain needs, requests or issues. These online services are more of a generalization, as they tend to oversimplify the needs of a divorce case.
If anything, it can become a hindrance to the process.
Not only that, but despite these online services going through the entire process and then having to pay the fee that was needed, there is a huge possibility that the paperwork they established and filed can be rejected by the court system, which results in the cost of time, money, and even prolonged the divorce process even further for the couple.
That, in turn, is not a good sign and help for the couple.
Again, the concept and process of a divorce case varies from couple to couple, and even as to how they are handled in each county or state. Many different counties in the U.S have their own rules and regulations, and also have their own style of processes that are specific to their own county and county alone.
These types of processes are continuously changing throughout each county court. After roughly a few decades of filing divorce documents as well as guiding the couples through the process, there is a mutual and legal understanding as to how technical the process truly can become. Just when the legal process and attorneys know everything about how to handle a divorce, there is always something that changes the legal world’s perspective as a whole. There needs to be a consistent staying on top of these legal changes within each county to try and avoid the client’s paperwork from being rejected in the court systems.
Farbod Majd Esq.
Divorce Attorney w/ offices in Beverly Hills/Los Angeles
Services in English, Turkish, and Farsi/Persian (Iranian/American Lawyer)
8383 Wilshire Blvd Suite 646, Beverly Hills, CA 90211
310.956.4600 | Fax: 310.878.8989 | Fmajd@FmajdLaw.com