In the 21st Century, divorces typically are uncontested, although mediation sessions may be necessary to negotiate the thornier issues. Today, divorce lawyers tend to encourage clients to resolve various divorce-related issues outside of court. The spouses maintain control over the decisions made instead of handing their fates over to a family court judge. Litigation in divorce is also expensive. Spouses who cannot agree on certain matters in the divorce process will want to hire a divorce attorney wilmington has available.
Judges Who Are Focused on Tradition
People never know how a judge is going to rule. A divorce attorney may have experience in court with a particular judge assigned to the case, but the outcome is still unpredictable. Some judges are notoriously conservative and traditional. This can harm the outcome of a case for a man who wants to share physical custody of the children, for example. It can be problematic for a man who feels the demand for spousal support is unreasonable.
A Law With an Unintended Effect
North Carolina state laws require spouses to live apart for an entire year before they can file for divorce through an organization such as Rice Law. Although the law may be seen as having good intentions of encouraging couples to reconcile, it can make matters worse for some spouses. They have to deal with staying married to each other for 12 months when they are ready to end the relationship for good. This can have the peculiar effect of creating even further acrimony.
A divorce lawyer representing a man in a difficult case knows the pitfalls of going to court, where conservative judges still may side with the women in most cases. Working out their disagreements through mediation can make the results more even for both spouses. Each will probably need to give a little in regard to what they want, but doing so eases the troubled emotions and reduces animosity.
When women know they might have an advantage when going to court, they may be inclined to refuse the offer of mediation. This is not an option in North Carolina, which requires divorcing couples to participate in the process if they cannot agree about child custody and distribution of their assets. There is always a possibility that the spouses will continue to be at a stalemate even after the required mediation sessions, but this process has proved to be remarkably effective.