How to Avoid an Ugly Divorce
By: LawInfo
Published: 07/2010
While a divorce clearly indicates that a couple no longer wants to be married, the process of getting divorced does not have to be ugly. Often, particularly if there are children from the marriage, it is important to keep things amicable because the divorced spouses must continue to communicate after the divorce is finalized. Just how that can be accomplished depends on the circumstances of the divorcing couple. Below are some ways that spouses can end their marriage as smoothly as possible:
· File a Joint Petition for Divorce: Spouses may file a joint petition for divorce, or an uncontested divorce with the Court. In a joint petition, the spouses (with or without the help of their lawyers) have worked out the terms of their divorce and are simply asking for the Court to approve their petition and legally end their marriage. By filing a Joint Petition, the spouses must work together to develop an acceptable agreement and neither spouse is blindsided by an expected divorce filing. Furthermore, the spouses are kept from testifying against each other in divorce proceedings and the intimate details of their relationship can be kept private.
· Seek the Help of a Mediator: if a couple cannot agree to the terms of a joint divorce petition, they may find it helpful to seek the assistance of a mediator who can help them agree to the terms of a divorce without a formal court proceeding. Couples who participate in mediation often benefit from being represented by counsel to ensure that all of their rights are protected before they provide their consent to a legally binding mediated agreement.
· Consult Your Prenuptial Agreement: if you and your spouse entered a premarital agreement prior to getting married then many of the issues that seem contentious may have already been decided by that agreement. Many prenuptial agreements are executed not only to protect one’s property but to avoid an ugly divorce. However, in order for a prenuptial agreement to have that effect it must have been entered into in good faith and be fair to both spouses. If there is a dispute over the prenuptial agreement the divorce process can actually become more contentious than it would otherwise be without a premarital agreement.
· Hire a Lawyer: while it may seem that hiring a lawyer would make things more adversarial, the reality is that a lawyer can help focus his or her client on the important issues and keep emotions in check. While a lawyer zealously represents his or her client’s interests, he lawyer is not as emotionally invested in the marriage as the client. Thus, the lawyer can advise the client to look at the bigger, long term picture and help the client end the marriage as amicably as possible.
Divorce can be a very difficult and emotional time. By trying to work with the spouse whom you are divorcing, looking at previously executed premarital contracts, and seeking the assistance of skilled mediators and experienced lawyers many couples are able to avoid unpleasant divorce proceedings.
Other Family Law Articles
-
Saying I Do: With a Prenuptial Agreement
Wedding days are often preceded by deciding on flower arrangements and planning a romantic honeymoon. While those things are important and make your special … More -
The Difference Between Marriage and Civil Unions
Much is made in the media about the differences between marriage and civil unions but what exactly are those differences and are they significant? People, … More -
Common Law Marriage
It is possible to get married without saying “I do” – at least in a minority of states and the District of Columbia. Currently, 11 states and … More -
The Legal Aspects of Getting Separated
Many people view legal separation as a step toward a divorce and, while it may be that, it is also an important legal process in its own right. Therefore, it is … More -
What to Bring to Your Divorce Consultation
A divorce is a life changing event. Sometimes a divorce is amicable and sometimes it is contested. Either way, it is wise to hire an attorney with whom you … More -
How to Go Through a Divorce
No matter what the circumstances, a divorce is a big change. It fundamentally changes the family structure and often the day to day life of the soon to be … More -
How to Avoid Having Your Prenuptial Agreement Declared Invalid
Prenuptial agreements provide stability and certainty to married couples who decide to divorce but only if the prenuptial agreement was properly executed when it was … More -
Divorce and Division of Assets
Divorce is the legal termination of a marriage Divorce is different from a separation in that, by law, the marriage is considered to be formally ended. A … More -
Distribution of Property Upon Divorce
Getting divorced involves a lot of financial decisions. The property, including real estate, stocks, personal property, bank accounts and other things, needs to … More -
When and How do Courts Order Spousal Support?
When married couples divorce, courts have the authority to order that one spouse pay the other spouse spousal support. Spousal support, which is also known as … More
