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Fairway Blog
Answers to questions regarding divorce.
It is possible to keep control in your divorce

There is a belief that you have to hire a Divorce Lawyer / Divorce Attorney to negotiate the issues in your divorce.  This is not the case.  While legal advice is prudent, using the traditional system alone can also result in a very adversarial divorce.  The best way to keep control and avoid conflict is to use both a non-adversarial divorce mediation platform and receive legal advice independent of negotiations.

Decide in advance of taking steps how you and your spouse want to move through the process of divorce.  It is well advised to understand the pros and cons of the different approaches. For example, consider the traditional adversarial approach whereby you hire a Lawyer and your spouse does the same.  Unfortunately, when statements of claim are served, affidavits prepared and signed under oath, court appearances attended – the damage that is done cannot often be undone.  What started out as a way to protect people’s rights has turned into a structure that often leaves people ‘broke and broken’. The process can drag on for years. The duplication of communication back and forth is costly, time consuming and quite often, unnecessary. While many within the traditional system are working hard to make changes we have a long way to go.

If you don’t have to hire a Lawyer / Attorney to negotiate the details, but the Laws are confusing; what do you do?  The thought of doing it on your own can be both daunting and unrealistic.

There are essentially three main issues to resolve in divorce: property, spousal support, child support and parenting when children are involved.  The laws will govern what you can and can’t do and seeking expert advice in all these areas will result in the best outcome for everyone.

There are less painful and more empowering ways to move through divorce where you can keep control. Combining a facilitated/mediated process with receiving legal advice can give you the best of both worlds.   This will ensure that you have considered all of the issues and finalized them in a way that has a better chance of holding up to the scrutiny of the courts if ever challenged.