Hess Law Firm, pllc

Family Law

A divorce, or dissolution of marriage, is a difficult and stressful time for everyone involved.  For most couples a divorce is the last resort.  As a result tensions between both persons are high by the time a petition for divorce is filed.  When minor children are involved the tension is much greater.  The process chosen to end a marriage can be a high conflict process or the parties can mutually dissolve the marriage with little to no conflict.  There are three options for dissolving a marriage, Collaborative Divorce, Mediation or a traditional Divorce.

Collaborative Divorce  In a collaborative divorce the parties obtain a divorce without going to Court and having a judge decide the outcome.  The collaborative divorce is beneficial for the parties, especially when minor children are involved.  The parties utilize separate attorneys trained in the collaborative process along with their respective coaches to mutually decide the best way to divide their assets and debts.  They further decide the issues of custody and visitation, alimony, and ultimately the dissolution of the marriage.  A court is not involved and a judge does not decide how assets and debts will be divided, who will have custody, what visitation will be, or what alimony may or may not be awarded.  The parties have open communication between themselves, there is less stress and anxiety and the parties are able to end their marriage on a positive note.

Mediation  Mediation is a process where the parties work through the issues of dissolving their marriage with the help of a neutral third party, the mediator.  The mediator's job is to assist both persons in reaching a mutual agreement regarding property and debt division, alimony, custody and visitation and child support.  However, the mediator can not provide legal advice to either party.  This may result in one party being overpowered by the other.  Mediation is urually used in conjunction with a divorce filed with the courts.

Traditional Divorce  A traditional divorce is an adversarial process.  One person files a petition for divorce with the court and serves the petition and summons on the other person.  Each party has an attorney who advocates for their respective client's position.  This process usually results in contested issues, discovery disputes, temporary orders, contempt citations, all of which increase the costs of a divorce.  A divorce through the court usually increases the dislike between the parties, increases the anger and animosity.  The parties become focused on 'getting back' at the other person or 'making them pay' and lose sight of the important aspect, their children.

The above summary descriptions of the methods to obtain a divorce.  Contact Hess Law Firm to schedule a free consultation to determine which method is right for you.

To learn more about the collaborative divorce process visit the Oklahoma Academy of Collaborative Professionals website.

The information contained in this website is not intended to be legal advice.  Use of this website does not create an attorney client relationship.  Please feel free to contact Hess Law Firm with your legal questions.
Hess Law Firm
8283 Owasso Expressway, Suite G
Owasso OK 74055
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