The end of marriage creates stressful events for spouses and children. Parted couples have to adapt to new living arrangements, decisions about money and property, and parenting schedules. Getting a divorce is more accessible for people informed more about the process.
Below are tips that guide an individual when going through this difficult time.
Consider Alternatives To Court
Most divorces are handled by a mediator, usually a neutral third party. Such professionals are trained on how to negotiate between divorcing parties to assist them in reaching a mutual agreement. The spouses may consult with a divorce lawyer in Richmond even when the mediation process occurs.
A collaborative divorce enables each spouse to hire a collaborative attorney, and all parties can agree to resolve such cases without going to court. Besides the attorneys, a professional team includes a neutral financial specialist (an accountant or a financial consultant) and mental health professionals to serve as child specialists and divorce coaches. Collaborative teams employ face-to-face negotiations, telephone calls, and emails to address specific issues.
One of the benefits of choosing mediation is that it enables spouses to make their own decisions. Spouses agree on structuring the parenting plan that best suits the children’s needs. There are those situations that, however, require court resolution. Spouses and children subjected to domestic violence may file a request for a protective order. Immediate financial assistance, such as temporary child support, is best handled by going to court and consulting with an attorney for help.
You’re Getting Divorced: Your Kids Aren’t
Avoid mentioning cruel things to a spouse as such experiences have long-lasting effects on the children. Psychological studies reports indicate that prolonged fights during divorce settlements create more damage to the children.
Couples should process their thoughts before speaking to minimize saying something hurtful. Unless there is a history of neglect or abuse, the children have relationships with the other parent. Regardless of how upset a spouse is, interference with healthy child bonds is not an option. Spouses may consider seeking an experienced mental health professional to counsel them and their children about the divorce. It allows the warring spouses to address the children’s needs during the overall process.
Be Honest With The Attorney And Spouse
Provide the attorney with crucial facts to have an adequately analyzed case to secure appropriate advice. Be honest with the spouse and voluntarily disclose documents and complete information regarding income, expenses, debts, and assets. Spouses may update the information as new facts are established.
Create An Inventory Of Furnishings And Household Furniture And Make Copies Of Important Documents
Avoid disputes over furnishings, furniture, and valuable items such as an expensive piece of art by creating a complete inventory of a home.
- Take photographs of every item in the household
- Create a timestamp for every photograph for clarity
- Keep the photos in a protected place
- Create a list of items, their location, and the estimated value.
Get Appraisals For Items on The Inventory.
Despite the strict disclosure rules, some divorcing spouses will destroy or hide documents such as pre-nuptial agreements. Avoid this problem by making extra copies of crucial papers when the decision to file a divorce is agreed upon.
Different Kinds Of Divorce
A divorce procedure is available to spouses who have been married for not less than five years. Both spouses have to agree on filing the court papers jointly. A simplified divorce has minimal paperwork, which makes it easy to pursue without the help of an attorney. Forms needed may be obtained from a local family court clerk’s office or the state court’s official website.
Divorce mediation is an alternative dispute resolution method where a mediator sits down with warring spouses to resolve divorce disputes. Mediators communicate with spouses and offer guidance to reach a mutual agreement. A successful mediation process ends up with a property settlement agreement.
A default divorce occurs when one of the spouses does not respond. A spouse who complies with court rules and regulations can be granted divorce despite the absence of a significant other in court proceedings.
Divorcing spouses have to establish reasonable and consistent goals per the law. Have an understanding of how the rule applies to various cases and manage expectations. Consult an attorney to understand potential outcomes in the case.