Divorce Archives

Challenging Your Divorce

Everyone knows that it's possible to get a divorce. But what if you don't want to get divorced from your spouse? Is it possible to refuse to get divorced? The short answer is "no." If your spouse wants to get divorced, you can certainly try to talk him or her out of it. You can take your husband or wife out to dinner and reminisce about all the positive things that have happened over the course of your marriage. But, if these tactics fail, you are probably going to become a divorcee.

What About Grandpa

In most discussions of divorce, spouses seem to be the only players. They bicker and battle in court, and then the matter is presumably settled. But what about the rest of the family? Each spouse may have parents, grandparents, siblings, and other family members who play integral roles in their children's lives. Unfortunately, children of divorce often find themselves separated from family members of their non-custodial parent, including grandparents.

The Reality of Military Divorce

There is no denying the strength of those in America's armed forces. Those in the service risk their lives taking down terrorists, hostile regimes, and drug cartels on a regular basis. Yet, when it comes to divorce, many soldiers find themselves powerless. No amount of military training can prepare them for the rigorous process of negotiating a settlement and moving on with their lives.

Uniting in Divorce: A Look at Collaboration Family Law

Divorce will change your family structure. There is no getting around this fact. There are alternatives to traditional divorce litigation in court, however. One such alternative is collaborative divorce. In collaborative divorce, the spouses enlist the help of skilled professionals such as attorneys, therapists, mediators, and financial experts to collaborate and work together toward a fair resolution. This progressive means of handling divorce focuses on maintaining a civil and positive atmosphere, as opposed to pitting spouses against one another as opponents. The spouses and experts meet together to reach agreements regarding all issues in the case, including property division, support, and child custody. By focusing on problem solving and negotiating, collaborative law can be far less stressful than traditional litigation.

A Roadmap for Divorce: Separation Agreements

Want to make your divorce easier? Create a marital separation agreement. This agreement is an official, written agreement between you and your spouse. In the agreement, you each agree to specific matters of the settlement process. Examples of such matters include spousal support, child custody, and division of assets. Having these items clearly defined in writing makes the divorce easier because it puts you and your spouse on the same page. There will be considerably less uncertainty in the settlement if you have both decided the issues in writing. You will not, for example, wonder how much alimony is expected or how long those payments are expected to continue.

Taking the Sting Out of Divorce

If you can compromise with your spouse, uncontested divorce could be a path worth taking. An uncontested divorce is one in which both spouses are able to resolve the issues in their divorce such as financial matters and child custody. In an uncontested divorce, the judge may not even hear your case. Rather, you may file the necessary forms by mail or through limited contact with the judge or clerk of court. Uncontested divorce allows you to minimize or avoid time in court. In doing so, you and your spouse can save a considerable amount financially, because you will not need to pay your attorneys to prepare for and proceed in court to the degree that is necessary in a contested divorce. Instead, you and your spouse would simply review the divorce issues yourselves and hammer out an agreement that you could each live with. Your lawyers could then put your agreement in writing and file it with the court.

Handling Your Retirement in a Divorce

Retirement benefits are one of the many issues that may need to be settled in divorce proceedings. For example, if one spouse participated in a 401K plan through his employer during marriage, his wife would be entitled to some of the benefits when he retired. But when a couple divorces, it is necessary to plan for division of the benefits-either immediately or upon the employee-spouse's retirement.

Arbitration: Another Alternative to Court

Court is not the only option for divorcing couples. A common alternative to court is mediation, in which a neutral third party helps the couple reach their own agreement regarding division of property, child and spousal support, and custody. Another option is mediation's close cousin, arbitration. An arbitrator is sometimes described as a more informal trial conducted by a private judge. The parties actively try to persuade the arbitrator on their respective points, and in turn, the arbitrator offers a judgment.

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