Peaceful Divorce in Tough Economic Times

PEACEFUL DIVORCE IN TOUGH ECONOMIC TIMES

We all know that the recession has been deep and painful for millions of people. It happens that divorce is a discretionary expense like home improvements, that many people will simply defer or delay because of the current circumstances. There is not only the expense of the divorce itself, but then there is the resulting two households to support.
A lot of people who would be in the market for a divorce are looking at their pocketbooks and deciding that whatever their marital problems are, they aren't so bad. This might be a great thing for the institution of marriage in this world, if it weren't for the fact that most of these marriages have already failed and these people aren't doing themselves or their children any long term favors by staying together and being miserable.
Fortunately, peaceful divorce is a cost effective process, for the alternative is an extremely expensive legal battle.  Unfortunately, most people don't even know that it is possible to get divorced without a costly, destructive battle.  Ironically, in most cases the results are going to be about the same, because the required division of marital assets is usually not rocket science, and the child support calculations don’t allow a lot of wiggle room once the parties’ incomes are known.

One alternative that a lot of my clients take advantage of is an uncontested divorce with an agreement.  We create a written agreement that deals with every issue the parties have and then file a Petition for divorce with the agreement attached.  Although we only represent one of the parties, this process requires the parties to actually talk to each other, execute sworn financial affidavits, disclose everything,  and deal fairly with each other.  For many couples who don’t have a lot of money or assets, this is the most cost-effective way to get divorced.  In many cases, these folks don’t need a lot of legal help.    Once the agreement is signed, the other court papers are prepared and filed and the case proceeds quickly as an uncontested divorce.

For some people who are unable to just divide their assets without assistance, we do pre-suit mediation.  Mediation is a process where the parties meet with a neutral professional trained to help them come to an agreement.  The parties are again required to sign financial affidavits and disclose everything.  We provide a an environment conducive to resolving issues, not promoting dispute.    At the conclusion of a successful mediation, an agreement is written and signed and the parties then get an uncontested divorce.

These alternatives are  less costly, less time consuming, less destructive, and more likely to promote good relations and effective co-parenting after the divorce.   If you want to get through the divorce process quickly, without a gigantic legal bill you should consider these alternatives to the traditional fight it out in court divorce.  If you have children, you owe it to them to proceed in a way that allows you to move on without destroying them in the process.  Please call me for more information.