November 10, 2021

What You Should Know About Family Law Before Filing for Divorce

When you're considering divorce, navigating the world of family law can feel overwhelming. Fortunately, there are plenty of resources to help you out. Let's review a few things you should definitely know about family law before you file for divorce.

It's Important to Work With a Lawyer

Even if you and your partner are looking to have an amicable split, it's important to seriously consider working with an attorney. Not only will an attorney help protect your rights, but they will make navigating the legal aspects of dissolving your marriage much easier. Working with a professional divorce attorney who knows the ins and outs of divorce and family law can be a lifesaver if this is your first brush with divorce. A divorce lawyer will be up to date on laws concerning marriage, divorce, marital property, child custody and visitation, and family support.

Division of Property Can Vary

Ordinarily, you and your partner will be able to decide how to divide up your assets and property. Even though many divorces begin with a level of conflict, most cases reach a settlement without needing to involve a judge. In the event that you and your partner can't come to an agreement of some kind, then the division of assets will be left to a court. While laws vary from state to state, most allow individuals to retain their nonmarital property. This means that any assets you owned before your marriage will likely still be yours if the court needs to make a determination for the division of assets.

Determining Child Custody Can Be Tricky

Child custody is one of the more complex issues that comes up in divorce. If you and your partner can't agree on a joint custody plan, then it will be up to the court to determine who will have primary or sole custody. This decision takes numerous factors into account, all of which will be used to determine what is in the best interest of your child or children. Child support is another matter that the court will determine once custody has been sorted out. In most cases, the parent who spends the least time with your child will pay child support.

Divorce can be an overwhelming experience. Whether you already know a bit about family law or you've never had a brush with it before, make sure you're utilizing divorce lawyer services to help you through this difficult time.

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Preparing for Mediation: What to Expect and How to Succeed

By Analytics Import • May 29, 2025

Mediation offers an alternative to traditional litigation, providing parties with a chance for resolution without the need for a courtroom battle. Understanding what to expect during mediation and preparing adequately is crucial for anyone seeking a successful outcome. This process involves a neutral third party who assists in negotiating a mutually agreeable solution between the parties involved. Whether you are working independently or through a divorce lawyer, getting ready for mediation requires a strategic approach and a clear understanding of your own goals and those of the opposing party. Understanding the Mediation Process with a Divorce Lawyer The mediation process often begins with each party providing an opening statement, outlining their position and goals. It is essential to prepare these statements ahead of time, focusing on facts and desired outcomes rather than emotions or confrontational language. A well-prepared statement can set the tone for a productive session and open the door for constructive dialogue. A divorce lawyer can assist in crafting a statement that is clear, persuasive, and aligned with your best interests. Remember that the goal of mediation is not to "win" but to reach a mutually satisfactory agreement that addresses the concerns of both parties. Exploring Possible Solutions During Mediation Throughout the mediation, the mediator plays a pivotal role in guiding discussions, identifying potential solutions, and helping manage emotions. According to the American Bar Association (ABA), a good mediator typically has a success rate of at least 75% in pretrial disputes. This impressive statistic underscores the importance of choosing a qualified mediator who can facilitate effective negotiations. Working with a divorce lawyer during this stage ensures your rights and priorities are properly represented, helping you navigate complex issues like parenting arrangements or property division with clarity. Why Flexibility Matters in Mediation Another key element to successful mediation is flexibility. Being open to alternative solutions and remaining adaptable to new ideas can lead to more efficient problem-solving. It's vital to enter mediation with a clear understanding of your bottom line, but also a willingness to make reasonable concessions. A skilled divorce lawyer can help you define those boundaries and adjust your approach as discussions unfold. Flexibility can often mean the difference between resolution and an impasse, paving a path toward a settlement that meets the needs of all parties involved. Preparing for Mediation with Expert Legal Guidance Preparing for mediation requires a combination of strategic planning, effective communication, and an open mind. By focusing on facts, seeking a skilled mediator, and remaining adaptable, you increase your chances of a favorable outcome. Mediation presents an opportunity to resolve disputes amicably, efficiently, and often with a high success rate, benefiting all parties by avoiding the stress and expense of litigation. Ready to approach mediation with confidence? Contact the Law Office of Arthur J. White III, P.C. for experienced legal guidance that helps you prepare, communicate effectively, and achieve the best possible resolution.