While an "amicable divorce" may seem like an oxymoron, it's still possible to reach a divorce settlement in a peaceful way. Divorce is often the result of two people failing to see eye to eye; although if those two people can agree on treating each other with civility and respect and are willing to be transparent in their marital finances and also both want the best for their children, there's hope of an amicable divorce.
A "motion to set-aside" is a post judgment procedure that allows either party in a finalized divorce proceeding to ask the court to set aside the judgment. If the motion to set-aside is granted, the court will generally hold a new trial on the issues that have been "set aside" by the court, typically (if the entire judgment is set aside) that means all of the unresolved issues in the case. The motion to set-aside must be made within a reasonable time, not to exceed one or two years after the original judgment or order is issued depending on the basis of the claim.
When one or both spouses in a divorce have ownership in a professional practice, things can become complicated. Spouses who are partners, shareholders, or sole owners of a professional practice have likely invested a great deal of time meeting with attorneys and accountants to limit personal liability and taxes that arise from their practice. In these discussions, the possibility of divorce may have been contemplated and a prenuptial agreement or other pre-divorce plan was put into place to protect their business. Many, however, do not have any pre-divorce safeguards, which can put their professional practice at risk during a divorce.
Given the number of issues that must be decided in a divorce, such as child support, child custody, spousal support (alimony), and division of assets, the divorce process can take a long time. If you and your spouse are unable to agree on some aspects of your divorce, but can agree on others, you or your spouse may be interested in filing a request for Bifurcation with the court. This is a process that can either be stipulated to (agreed with) by the two parties, or it can be made by one party over the objection of the other.
While the best way to protect your investments in divorce starts long before the divorce ever becomes an issue, i.e., through a prenuptial agreement, trust, estate planning, or other pre-divorce strategy; many people do not have such plans in place. In the absence of a pre-divorce plan, the burden is on you to prove that your investments are separate property not subject to division.
Professional athletes and their spouses face a number of complex legal issues when going through a divorce. In addition to the routine issues that arise in lower profile divorces, professional athletes have a number of other circumstances that need to be addressed.
Depending on the state you live in, there are generally two basic methods of dividing assets in a divorce: equitable distribution and community property. California is a community property state, which means the court will divide the couple's community assets equally. Any asset obtained or income earned during the course of the marriage is considered community property unless other agreements have been made, such as a prenuptial agreement, or some particular exception to that characterization exists in the law.
Not all divorces have to be long, expensive, and messy. In fact, there are many separating couples that are able to agree on all the terms of their divorce without ever stepping foot in court. An amicable divorce, also known as an uncontested divorce, can help you and your ex move on with your lives peacefully.
Divorce takes its toll on the best of us. It can cause emotional turmoil, cause us to question things that used to have definite answers, and can add to what is often an already high level of stress. However, there are many helpful ways to deal with stress and many are of little or no cost to you. Here are some easy stress-busters that are also easy on your pocketbook:
Your children will undoubtedly question your reasons for divorce. This process, while one of the most trying and heart-wrenching a family can ever experience, is nonetheless a common experience. In cases of infidelity, though, emotions and confusion can reach toxic levels for everyone in the family. Because of this, you may wish to avoid divulging these facts to your children.