YOU DECIDE WHICH PATH
The Attorney you want when you wish you didnt need an attorney
Whether amicable and uncontested or contentious and “ugly” it is important to hire an attorney that can give you the right counsel, advocate for your rights, fight for your desired outcome, but do so without inflaming the situation. With our training and resources, Ohye Law can help you through this difficult time.
This is the old model. In this model, the Petitioner (Spouse who initiates the divorce) asks the court for what they want. The petitioner has to essentially ask for EVERYTHING (not literally) because asking for something later in the game is far more difficult and may not even be allowed. The Respondent (the other spouse) then has to file an answer, and has the opportunity to file a counter-petition essentially responding to the petition and asking for EVERYTHING as well (for the same reasons). Each side has to prove why they are entitled to every item they seek, and in many instances require expert witnesses to prove their case. This model, in the long run is usually the most costly, and is also the most emotionally taxing to the family (especially the children) because it FORCES the sides to take adversarial positions. This model however, is the most common model, and if one of the parties is not willing to cooperate with the process, it is the last recourse.
Although we do not prefer this model, we at Ohye Law can help “fight the good fight” and be as aggressive as necessary to accomplish your desired outcome, but you have our promise that we will temper our zealous advocacy with respect and integrity to minimize the emotional impact.
“Uncontested” or “Kitchen Table”
This is where the parties agree to be civil with each other. The parties create an agreement of how they will split all their assets, debts, rights, and responsibilities, but simply don’t know how to draft the paperwork to navigate through the court system. This can be accomplished without an attorney for a lot less money. However, statistically, “Uncontested” divorces done without an ‘attorney have an extremely high likelihood of ending up back in court. This is because, often parties that “agree on everything” simply have not thought of that one scenario that they disagree on.
We at Ohye Law can guide you through an “Uncontested” dissolution. We will help you think of the obscure scenarios that experience has taught us lead to future disagreements, and will draft the documents that say exactly what it is that you agree upon to avoid future “misinterpretations”
Collaborative/Mediated (Alternate Dispute Resolution or ADR)
These are by far our favorite way of doing things. In a Mediated dissolution, the parties agree to be civil with each other, but have not come to an agreement. With the use of a third-party-neutral Mediator, the parties, with or without their respective attorneys can craft an agreement regarding their assets, debts, rights, and responsibilities.
While the Collaborative model seems like the most complex and expensive, in reality it is, in almost every instance, the best approach. In a Collaborative Divorce, the parties not only agree to be civil with each other, but agree to pool their resources to achieve an agreement that is best for the family unit. In this model each party chooses a Collaboratively-trained attorney. These attorneys agree that their representation will end if the collaborative process breaks down, and the parties proceed to litigation. The parties, with their attorneys, will then pick a third party neutral Financial Advisor, and a third party neutral Mental Health advisor. Both Attorneys, the Financial Advisor, and the Mental Health Advisor form the team that has a common goal of helping the parties reach a fair settlement. While paying a retainer for each attorney and each of the advisors seems like a lot of money to pay up front, in the long run, it tends to be far less expensive because it avoids hiring experts for each side that the parties must pay for. Because the parties are working collaboratively, these cases tend to resolve faster which results in less legal fees. Most importantly, because the parties are working collaboratively with each other, a lot of the negative emotions can be avoided. This is particularly beneficial when there are minor children in the marriage.
We at Ohye Law are passionate about families. Min is a Supreme Court Certified Family Mediator. As such, Min can mediate your Dissolution, or represent you in a Mediation (please note that he can only mediate if he does not act as attorney for either party. The rules prohibit the same person from being both) Min is also Collaboratively trained, and a member of the Collaborative Family Law Group of Central Florida.