Whether or not individuals contemplate divorce without legal representation, it’s important to get your ducks in a row before moving ahead with divorce action. Real property and child custody are always the two biggest issues that come to light in divorce cases. If it isn’t possible to settle these issues, many legal representatives offer divorce mediation as an option to settling divorce in a court of law. Issues are often settled in divorce mediation that otherwise may be more contentious and become the final decision of a judge. It’s always best to resolve major divorce issues with mutual agreement, where both parties in the divorce have a voice in the final decisions.
Alimony laws have changed in many states. If alimony is to be part of a divorce settlement, study the laws in the state where both individuals reside. Partners in a divorce settlement who live in different states require knowledge of the differences in the applicable states’ divorce laws.
Men and women have different financial needs. When a divorce is imminent, it’s important to think about future needs of both parties rather than immediate needs. Divorce planning requires long-term forethought in order to properly prepare for the major lifestyle adjustments of the future. This is dependent upon each party’s immediate intentions, as well as that of the future. For example, if one or both parties intend to remarry once the divorce is final; this may present a different situation regarding the division of real property, finances, alimony and child custody. There are many variables to consider.
Divorce, in reality, is similar to a business that goes bankrupt and assets must be equitably divided between owners and investors in the business. Each of these individuals has a vested stake in how the business bankruptcy will be managed. A divorce is basically the same. A marriage becomes bankrupt and all of the years of “business” of that marriage become a major issue of equitable divestiture. Each party in a marriage has invested time, energy, income, intellectual and real property into the institution of the marriage commitment. Thus, each party deserves a voice in how the assets of marriage are dispersed. The best advice to arrive at the best divorce agreement without legal representation is: Leave emotions behind.