Legal Advice
8/12/16 at 06:00 PM 0 Comments

How to File for a Divorce

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Getting a Divorce

Getting a divorce is a very difficult decision to make because it means a relationship you have put so much time and effort into is over. In a lot of cases, the divorce process can be drawn out and difficult and in other cases, it can be relatively painless.

The reason some divorce cases are difficult is because the couple getting divorce let their emotions get in the way. Their anger at their soon-to-be ex-spouse makes the process more difficult because they are trying to inflict as much pain as possible, which leads to a lot of pettiness on both sides and puts more money in their lawyers’ pockets.

Getting a divorce can be a simple process if both sides can put aside their differences and work together to get it done. It will also save both sides a lot of money because they won’t have to pay their attorneys as much as they would if it is a drawn out process.

With that being said, here are a few ways to make the divorce process less stressful emotionally and financially.

Try to Resolve Your Issues without Lawyers

This is obviously a tricky proposition because of all the emotions involved, but it really is the smartest way to handle a divorce. You and your spouse should discuss how you intend to split your possessions and assets like your property. Do you sell the home and split the money from the sale or does one of you keep the home? You should also discuss how you want to handle the custody of your children if there are any involved, as well as child support payments and other monetary issues.

If your emotions are running too high to make the decisions by yourselves, you can hire a mediator to help you split your possessions evenly. Once you have both agreed on how to split your finances, assets, and child custody, all you have to do is obtain a divorce judgement from a court that declares that your marriage is legally over.

By handling your divorce this way, you and your spouse will save a lot of money that would have gone to lawyers.

Make Sure You Hire the Right Lawyer

Sometimes, people get overwhelmed by the divorce process and feel the need to hire a lawyer. If you think you need a lawyer and don’t want the divorce to get nasty, make sure you get a lawyer that understands your desires and won’t attempt to fan the flames.

There are lawyers that will try to keep the process going as long as possible to maximize the amount of money they receive from you, so you need to make sure that your lawyer knows that you would rather negotiate a settlement with your spouse than take the case to court.

In the event that your spouse doesn’t feel the same way and wants to drag the divorce out in court, you will have no choice but to hire an aggressive lawyer as well. Even if your spouse is out for blood, you should try to let them understand that a drawn out divorce will not only cost both of you a lot of money, it will also have an effect on your children because the animosity that you will both feel toward each other after a drawn out divorce process will make parenting the children harder.

Consider Collaborative Practice

Collaborative practice is a new divorce method that requires couples to enter an agreement with their lawyers stating that they will not take the divorce to court. By doing so, their lawyers can share information and work together to settle the divorce. It is similar to using a mediator, and also less expensive than going to court.

How Will You Know If You Have to Hire a Lawyer?

While it is recommended that you and your spouse handle your divorce on your own if possible, there are some situations where you are better off hiring a lawyer. Those situations include marriages with a history of spousal or child abuse. In either of those situations, it would be difficult for the person that was abused to negotiate with their abuser fairly because they would be worried about their abuser retaliating against them or their children.

The best move for someone in a situation like that is to hire a lawyer because the lawyer can arrange protection from their abuser while the divorce proceedings are going on. Choose a highly qualified law firm like Brock Law Firm which deals with divorce and family law cases specifically.

If there was no abuse going on during the marriage and one of the spouses hires a lawyer, it is advisable that the other spouse hire a lawyer as well because their chances of getting a favorable settlement in the divorce are very slim if they decide to enter the proceedings without legal representation.

As previously mentioned, getting a divorce is a very difficult thing to do. Hopefully, this article has been helpful in explaining how to file for a divorce.

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