If you are going through a divorce and there are children involved, perhaps you have heard of a family dispute resolution. Since 2008, the Australian government has made family dispute resolution a mandatory part of the divorce process, and perhaps for good reason. Not only will it save you time in court and money on legal fees, but you may also be able to reach an agreement with your spouse about all matters pertaining to your family before you even enter the court.
Instead of relying on a court to handle every detail of a dispute about child custody and child support, you can opt for a dispute resolution in which you and your spouse work through the major issues. Read more to learn about how family dispute resolution could be a good option for your divorce, and speak with a family lawyer in Miami today to determine if this is a valid option for you.
Why Use Dispute Resolution?
When you and your spouse agree to use dispute resolution before going to court over your divorce, you will be able to move through the process faster, and with less cost. In addition, you may each feel as if you have more involvement with the decision, which can make you each more pleased with the outcome. Since you are not bound by traditional court rules, you are able to arrive to more flexible decisions than a judge would decide.
Is An Attorney Required For a Family Dispute Resolution?
You are not required to have an attorney, unless it has been stated by a judge that you must attempt to resolve a series of issues before returning to court. However, there are many times where a family lawyer will be able to act as an intermediary between you and your spouse, or perhaps you each agree to have your attorneys present in order to get more done in an orderly fashion.
How Long Does Family Dispute Resolution Take?
There is no set amount of time that your family dispute resolution process may take. This will be specific to the number of issues you and your spouse will need to work through, and how amenable you each are to compromising. However, even in situations where you disagree on the outcomes, it will likely take less time (and cost less money) than if you were to deal with a full trial.
Is The Outcome Of This Process Legally Binding?
Each decision that you and your spouse make with the help of your attorneys or a neutral third party are not legally binding, as would a judge’s ruling on the matter. The point of this resolution process is for you and your spouse to work through the issues and come to agreements that you can both work with and feel as if you are meeting each other somewhere in the middle.
If you are considering trying to handle some of the major issues of your divorce through a family dispute resolution process, speak with a qualified Miami divorce attorney to determine if this is the best option. If you and your spouse are both interested in pursuing this option over litigation, you may be able to work with your attorneys or an independent mediator to reach an agreement before submitting your divorce papers to court.