Feb 20, 2014
Knowledge about divorce is power. Statistics indicate that nearly half of all couples will divorce. Whether the statistics are accurate or not, a number of people make a decision to end their marriage every day. Read through our divorce blogs for useful information, on navigating your way through a divorce. We try to equip you to be well-prepared and well-armed with successful strategies and solutions for skirmishes.
Deciding to divorce is a difficult choice and the process can be painful and inconvenient . There will be many unexpected bumps along the way, but at the beginning, you and your spouse have the opportunity to determine what kind of divorce process you will pursue. Following are some of the major types of divorce with pros and cons and criteria for determining if you are a good candidate for each process.
An uncontested divorce is where both spouses agree to divorce, and agree on all issues relating to children, real property, assets or debts. If you and your spouse fit this category and have open, honest communication on all issues, you might be a candidate for an uncontested divorce. Each party should be fully aware of all aspects of the divorce and be willing and able to discuss and come to full agreement on everything. If you have no property, no appreciable debt and no children you could be a good candidate for an uncontested divorce. However, the size of the estate is not the most relevant reason to choose an uncontested divorce; rather it is the informed agreement of the parties.
A contested divorce does not mean a contentious divorce. A contested divorce does not mean a difficult divorce. A contested divorce simply means that the parties are not in complete agreement on all issues. It may be that a couple is mostly in agreement about the children, but does not agree about retirement accounts. It may be that each party wants to have primary possession of the children, or that the parties cannot develop a possession schedule for the children that works for both parties. Whether it is a small issue, a large issue or multiple issues, if you are not in complete agreement, your divorce will be contested. Likewise, if you do not have knowledge of all facts concerning your finances, your divorce should be contested.
A collaborative law divorce uses a structured process wherein the parties can work with their collaborative law attorneys and often other family or business professionals to “collaborate” on achieving a settlement that each party finds acceptable. The Uniform Collaborative Act was adopted by Texas in 2013, furthering the collaborative law process in our state. If you and your spouse are reasonably close to agreement on most issues, not antagonistic toward one another and willing to actually work positively and productively together, collaborative divorce might be a viable option. In addition, if the addition of a counseling professional or accountant would be helpful, and if you are both willing to work with the same professionals toward a common goal, collaborative divorce could be a good choice.
At the Bob Leonard Law Group, PLLC your legal team is available to help you choose the type of divorce that will best suit your specific situation and your particular personality. There is no single “best” way to get a divorce. There are both positive and negative aspects each process. Next week we will provide you with a plan to locate, interview and hire the right attorney for your divorce.
Divorce information:
Bob Leonard Law Group, PLLC
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