When Divorce is The Only Option

When Divorce is The Only Option

When Divorce is The Only Option

When Divorce is The Only Option
Most people go through difficulties with their spouses. And for the most part, they can eventually work something out so both parties are happy and can continue their marriage. However, in some cases, divorce is simply the only option. If that is the case, you will need to know a few things to do before you actually announce it to your spouse. 
 
Whether you have simply considered divorce or officially decided to go through with one, you should know what you will need to do to set your divorce in motion. Today, we have put together a short guide on what you should do if divorce is your only option.

Do not Threaten A Divorce Unless You Are Ready

One of the worst things you can do for your marriage is to threaten to get a divorce when you don’t actually mean it. This threat can hurt your partner and cause a significant rift in your relationship if you decide to stay married in the future. Telling your partner you want a divorce when you are not ready can also make them start planning a divorce without you and begin to move assets or plan for life without you, even if you aren’t serious about getting a divorce. 
 
Threatening a divorce can also be emotionally difficult for your children, who will feel sad, scared, and anxious about the future. Telling your family prematurely that you want a divorce can cause unnecessary pain and disarray. So make sure you are 100% sure you want to go ahead with the divorce before notifying your family.

Gather Your Documents

The next step to getting a divorce is gathering the necessary documents. Doing this sooner rather than later will help save you time and money since your lawyer won’t have to charge you for the time it takes them to sort through your disorganized documents. Having all of your documents ready can also make it easier to file the divorce quickly so you and your spouse can move on with your lives.
 
The essential documents that you will need include:
  • Your bank statements.
  • Investment account statements.
  • Tax returns.
  • Life insurance policies.
  • Credit card statements.
  • Car titles.
  • Mortgage documents.
These documents are crucial to helping the process move along smoothly. They make it so your lawyer can quickly determine how much you and your spouse collectively own, and they can help you come to a fair agreement.

Make Sure You Have Your Own Money

Money is easily one of the most significant issues among couples who are getting divorced. It is imperative if you are the partner with less access to your financial accounts. Divorce can get messy, and many partners try to take advantage of each other out of spite. While your attorney can fight for you and get you the money owed, it may take some time. The best way to protect yourself is to ensure you have at least three months worth of money set aside. By having your own money and credit cards set aside, you can ensure your own financial stability.

Contact a Family Law Attorney in Tucson

After deciding you need to get a divorce from your spouse and completing all the previous steps, it is time to contact a divorce lawyer. A divorce lawyer can give you legal advice and help you proceed with your best interests at heart. They will tell you about all the different options. Who knows? You may prefer alternatives to a traditional court divorce, such as the mediation process. ELCV LAW is a firm specializing in Family Law in Tucson. Erika L. Cossitt Volpiano, PC., is an Arizona divorce mediation, marital contract specialist, and family lawyer with over 30 years of experience. She specializes in family mediation in Arizona and can advise you on voiding a marital contract. Take control of your future, and contact ELCV LAW today at 520-795-2235 or visit our website at www.elcvlaw.com.

Disclaimer: The content in this article is for informational purposes only and should not take the place of actual legal advice. Not all circumstances are the same, and it is suggested that you should seek legal counsel if you need assistance in any of these areas.

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How to Avoid a Court Divorce

How to Avoid a Court Divorce

How to Avoid a Court Divorce

How to Avoid a Court Divorce
Getting a divorce in court is an incredibly long and, most times, arduous experience. It can significantly affect you, your spouse, and even your children. The public process of court divorce is also often inconvenient, preventing you from swiftly moving on with your life. 
 
Thankfully, there are alternative dispute resolution options you can pursue to make the process quicker and emotionally easier. Here are a few alternative ways you can avoid a court divorce.

Alternatives to a Court Divorce

There are many alternatives if you seek a relatively hassle-free and less expensive divorce. Avoiding going to court and airing your personal life in public generally saves time and money, allowing you to get through the process and move on with your life.

Divorce Arbitration

Divorce arbitration functions similarly to a court trial, except you don’t have to be in a courtroom. Instead, you and your spouse will hire an arbitrator, who is generally a lawyer or retired judge. Like in a trial, both sides will prepare arguments to be presented to the arbitrator. The arbitrator will make the final decisions, and these decisions are binding.
 
Although arbitration is similar to a court, arbitration resolves matters privately, while a trial does not. Arbitration could be your best path if you feel uncomfortable exposing personal issues to the public. While it is still relatively expensive, it is a much more affordable option than a trial because the process isn’t as time-consuming. Divorce arbitration is a great option to save your pockets and sanity.

Marital Settlement Agreement

A marital settlement agreement is a detailed document outlining a couple’s decisions concerning how they have agreed to handle their divorce. It usually addresses vital things like the division of assets, custody of children, and other divorce-related issues. While a couple can write their own agreement, it is not wise or recommended. It is always best to work through a lawyer experienced with these agreements and have them draft the settlement. This way, you will know that the settlement conditions and any legal implications agreed to are solid and lawfully created. Even if you decide to draft your own marital settlement agreement, you will need to have the court approve it and determine that the division of property and assets are fair, and if not, you may have to do it all over again.

Mediation

One of the most popular options for couples seeking a more amicable, flexible, and cost-effective route is mediation. Divorce mediation sessions involve a professional mediator who is there to help you and your spouse reach an agreement, despite your differences. The mediator’s purpose is to ensure you and your spouse feel heard and supported throughout the negotiations. Sessions are not as formal and stressful as court hearings. Your comfort throughout the process and contentment with the final agreement are the main priorities. While mediation is an excellent option for avoiding court divorce, it may not be the best option for everyone. Going to mediation to absolve your marital contract is only suitable for couples who do not have one person who is more dominant than the other. If one person has more control and power over the other, they will likely try to manipulate the other person during the mediation session. 

Family Law Attorney in Arizona

When we enter into a marriage, nobody expects the relationship to end; unfortunately, this is not the case for many. Court divorces are not always the best way to go about the dissolution of your union. If you are looking for an experienced family law attorney, ELCV LAW is a firm specializing in Family Law in Tucson. Attorney Erika L. Cossitt Volpiano, PC, is a meditation expert, ensuring that parents cannot use it as an instrument against their spouses. Take control of your future, and contact ELCV LAW today at 520-795-2235 or visit our website at www.elcvlaw.com.

Disclaimer: The content in this article is for informational purposes only and should not take the place of actual legal advice. Not all circumstances are the same, and it is suggested that you should seek legal counsel if you need assistance in any of these areas.

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