Divorce lawyers, like any professional, must continue to expand their knowledge and skills by taking continuing education courses. Many of these courses address different types of divorce, including Collaborative divorce, Annulments, and separations. Others focus on legal issues relating to arbitration and settlement.
Arbitration
Arbitration for divorce lawyers is a less expensive and faster way to settle a dispute. A third party, called the arbitrator, acts as the judge and makes the final decision. Unlike a trial, arbitration does not require an appeal.
It’s also more private. Parties are allowed to choose the location and time of the session.
An arbitrator is typically a retired judge or lawyer. They are trained to make decisions based on evidence. This includes live witness testimony, authenticated documents and sworn statements.
Divorce arbitration is a good choice in cases where the parties can agree on a fair settlement, but cannot agree on how to resolve the dispute. The arbitration process is also faster than a court trial, which can take months to set.
Depending on the complexity of the case, a single arbitration session may not be sufficient. In such cases, an agreement to engage in multiple sessions of arbitration may be required.
The decision made by the arbitrator is typically binding on the parties. However, because it is not a court, the outcome is not necessarily predictable.
Collaborative divorce
Collaborative divorce is an alternative to traditional, adversarial court proceedings. This process focuses on communication, negotiation, and problem solving to create a healthy environment for both parties.
Collaborative divorce involves a series of meetings with professionals, including attorneys and other experts. These experts will provide financial information and other pertinent details.
The collaborative process is often faster than going through a courtroom trial. During a collaborative session, each party will be represented by a lawyer. Each side will have a chance to express their concerns and goals.
A collaborative attorney will help the parties establish their priorities and devise a plan that meets their needs. They will also provide practical ideas to aid in healthy communication.
While the collaborative process isn’t for everyone, it can be a good option for couples who can work together. It can reduce the stress and anxiety associated with a divorce and offer a clearer path forward.
Collaborative divorce allows the parties to focus on the future instead of focusing on the past. This can be a very insightful experience.
Annulments and separations
In most states, couples can legally end their marriages through a no-fault divorce or annulment. But even a no-fault divorce or annulment can have complex issues, so it’s important to have an experienced attorney to guide you through the process.
If one or both spouses entered the marriage by fraud, the marriage can be annulled. For example, one of the parties might have lied about his or her age, or about his or her ability to have children.
Marriages can also be annulled if one spouse was physically incapacitated during the marriage. This can include health conditions such as a mental illness or physical disease.
Other grounds for a civil annulment are lack of consent and incest. The courts are allowed to divide the property of the marriage in the same way it would during a regular divorce.
Religious annulments are also possible. However, they typically do not get government recognition. Many religions do not allow remarriage after a divorce.
Continuing education requirements for divorce lawyers
Many states require divorce lawyers to complete continuing education courses in order to stay up-to-date with new laws. These courses teach attorneys how to keep up with changes in the law and to maintain good working relationships with opposing parties.
Law firms can offer in-house CLE programs for their attorneys and adding to programs for divorce lawyers near me. The programs provide training in professional responsibility, ethics, and legal procedures. However, these programs cannot offer non-legal subject matter credits.
If an attorney does not receive a certificate of attendance, he or she must send a copy to the Continuing Education Board. Attorneys in Puerto Rico and the US Virgin Islands must also self-report their CLE requirements each reporting period.
Divorce attorneys must complete a minimum of 15 hours of Continuing Legal Education each year. In some cases, the number of hours required varies by state. Lawyers may carry over any additional hours to the next CLE cycle. For instance, if an attorney has completed six CLE credits in a calendar year, he or she is eligible to receive another three months extension.
