Whether you are going through a divorce or any other family-related case, you can do several things that can worsen your case. These things include:
Letting your attorney decide the dispute resolution model
As much as family lawyers are experienced and know what they are doing, you shouldn’t leave them to make all the decisions. This is because they are vested in charging as much as possible for their services. They will steer you toward the method that will result in the greatest billable hours at your expense.
Not every family issue necessitates a trip to court. This is because there are plenty of other options for resolution that lawyers can explore. These options include:
Negotiations: Here, you attempt to handle the difficulties on your own. You don’t involve a third party, such as a judge to help you find a solution. For the process to succeed, each party must come to the negotiation table with a good faith desire to work together to achieve a mutually satisfying solution.
Mediation: There are two types of mediation and mediators: facilitative and evaluative. A facilitative mediator assists the parties in discussing the concerns and, ideally, reaching an agreement. In addition to encouraging dialogue, evaluative mediators suggest genuine dollar-and-cent solutions to their problems.
Arbitration: A third party – frequently a retired judge – is engaged to reach a conclusion and issue an enforceable order. This is usually optional, although it can be compulsory in certain types of contracts.
Collaboration: In this option, each party brings a lawyer who collaborates with the other side to resolve the concerns. If the dispute is not settled, the lawyers usually discontinue their representation of the clients, who must start over with new counsel.
This usually saves a lot of money, and with strong client control, matters are settled in considerably less time than if they went to court.
Before you head to court, you should talk to your attorney and find a way to solve the issue quickly and without spending a lot of money.
Letting your attorney attack
Because most attorneys are schooled in the adversarial model, all your interactions on the case will be negative. Result? You’ll lie awake at night thinking about how upset you are with the other person and the system.
In many circumstances, your attorney will go into “shark mode,” which will result in:
Stonewalling: When asked to provide details about your life in any dispute, most lawyers advise their clients to reveal as little as possible. Remember that you are paying for this behavior, which often gives little assistance in resolving the issue.
Unnecessary processes: Attorneys may request depositions, record subpoenas, expert witnesses, psychologists, and other services. In most divorce cases, this yields little value.
Ex parte motions: These are frequently meant to harass the opposing party or raise grounds for later litigation at the trial and are commonly intended to stir the pot.
As much as you might think that your attorney is reasonable as he is a good attack dog, it often ends up working against you.
The attorney generating barriers, delays, or unneeded fights can result in higher legal bills, emotional hardship, and extended disagreement amongst the parties concerned. Prolonged processes may also impair the parties’ capacity to move on with their lives and achieve a resolution.
Lengthy and contentious family cases dramatically raise the financial strain on both parties. Lawyers’ fees, court charges, and other legal expenses can skyrocket if the process is overly difficult or drawn out. Both parties may end up paying more money on legal bills, leaving less money for other necessities.
Divorce is already a hard and emotionally draining experience. When a lawyer purposefully makes things tricky, it can intensify the emotional burden on both parties. Prolonged confrontations, pointless disputes, and heightened tension can all severely impact your emotional well-being.
If one party’s counsel makes the divorce process tough on purpose, it can strain the relationship between the separating spouses even more.
The tense environment created by such actions can make it difficult for the parties to communicate and cooperate, further complicating situations and preventing amicable outcomes.
To avoid the complications of making the process too hard, advise your attorney to make it as simple as possible.
Ensuring that you win at all costs
Most people will try to get the most from their family law cases. For example, if they are going through a divorce, they will want to get most of the benefits. If they have a spousal support case, they will try to get as much as possible from it.
When you try to win your family law case, you tend to drag the case in court for too long, which sees you spending a lot of money on lawyer fees. You are also bound to trigger some negative emotions as your partner will feel that you want to take everything from them.
To make the process easier and ensure everyone comes out with something, look for ways to collaborate for a win-win situation. It has been well established, both anecdotally and via study, that when parties believe they have collaborated to solve a problem, agreements struck will be kept.
Always maintain open and respectful communication with your ex-spouse and their divorce lawyers Fairfax VA. Clear and constructive communication can facilitate negotiations and discover mutually acceptable solutions.
You also should always be willing to compromise. This will call for you to map out your priorities. Only bother fighting over if something is within your preferences and your partner wants it. Let them have it.
Remember, the goal is to reach a fair and lasting resolution that allows you to move on with your life. Although it may be difficult, treating the process with logic and empathy might result in better long-term consequences for everyone involved.