How To Go About Settling Your Divorce Out Of Court
Filing for divorce can be an expensive undertaking. It also may take months for a divorce to be settled by a judge. When people want an easier and cheaper way to dissolve their marriage, they may consider settling out of court. Settling a divorce out of court can be done easier than most people are aware, and this option does not cost as much money as going to court and having the matter settled by a judge.
Mediation and Out-of-Court Settlements
Despite not wanting to go to court, people still often must rely on legal professionals to help them achieve a successful outcome to their divorce settlement. Whether they are seeking a NH divorce or one in California, individuals can use legal mediators to help them dissolve their marriages. A mediator often is a retired judge, attorney or another legal expert who has significant experience handling divorce cases. With a mediator, couples can decide on important matters such as:
1. Child Custody: In the past, most couples agreed that children should be raised by their mothers. Today’s couples, however, are more liberal when it comes to settling child custody concerns. Many mediators suggest that people share custody unless one parent is unfit or has work commitments that prevent him or her from caring for the children properly.
2. Child Support: Likewise, couples who want a successful resolution to their divorce case must decide on the amount of child support that will be awarded to the primary parent. Mediators can suggest an amount and explain how child support is calculated in their state.
3. Division of Assets: Mediators also can help people divide their assets evenly. Depending on the communal property laws in their state, couples typically divide their liquid assets evenly with each person receiving half. Mediators can clarify what property needs to be divided and what each person has a right to keep after the dissolution of their marriage.
The Importance of Objectivity
Despite their desire to settle their case out of court, most people may still be emotional about getting divorced. It is natural for people to experience sadness, anger, or even fear about dissolving their marriage. If they want their case to be settled successful, however, it is important that they keep their emotions in check. When they negotiate with each other about their case, couples are advised to:
1. Avoid Threats and Making Ultimatums: Threatening a soon-to-be ex-spouse or giving an ultimatum can stall a couple’s divorce settlement and even make it necessary for them to go before a judge. Threats and ultimatums work against people as they settle their cases out of court.
2. Avoid Blame and Guilt: It can be tempting for people to feel guilty about being divorced or blame the other person for the marriage’s dissolution. If the couple reaches a point where one person blames the other and feels that the other individual has an unfair advantage, it could be better for them to go to court.
3. Be Objective about the Facts: It also can be easy for people to look at their case and place more importance on certain details than necessary. As difficult as it may be, they are encouraged to look at their case objectively and use a clear head while making decisions about their divorce.
Settling a divorce out of court remains a viable option for couples who want to avoid the expense and time it takes to file for dissolution with the local court. They can use mediators to help them decide important issues and keep their emotions in check as they settle outside of a courtroom.
Author and artist Molly Pearce shares from experience on this subject in the hopes that readers facing the end of their marriage will learn something helpful. Tenn And Tenn, P.A. is a family-run firm of NH divorce attorneys whose goal is also to make the unfortunate circumstance of divorce as painless as possible. A family-oriented and knowledgeable legal advocate and advisor is an essential for most when it comes to this process.
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