Top Measures To Help Avoid A Contested Divorce
At its face value, divorce may seem like the end of everything. Moreover, its emotional toll and the disruptions that follow can push you to the limit.
Nonetheless, a divorce could be the turning point you need. It can free you from a toxic relationship, help you rediscover your spark and grow, improve your mental wellness, and facilitate a better relationship with your children.
It could be the new beginning you’ve craved for years, including regaining financial autonomy to explore your dreams and aspirations. Despite the many benefits, a divorce can result in chaos, which is among the main reasons you need to enlist an experienced family lawyer. This is more so if you end up with a contested divorce.
A contested divorce is characterized by a lack of agreement between the spouses on one or more key matters. This means that the marriage dissolution can’t progress without the intervention of a judge. Such divorce proceedings typically entail multiple court visits.
The sessions involve presenting your supporting evidence, including arguments, witness accounts, and arguments as to your disputed concerns. Besides the multiple court appearances and negotiations, the divorce could go to trial.
A contested divorce can get messy, especially since court proceedings aren’t exactly a private matter. This can be emotionally trying, not to mention its costly nature considering the substantial legal fees and other related expenses.
As you strive to reap the many benefits a divorce can offer, you need to do your best to avoid a contested divorce. Reaching an amicable marriage dissolution could be easier than expected; it all comes down to the approach. Below are pointers that can help avoid a contested divorce.
Improve the communications
Communication is essential since it is how you negotiate and reach a settlement to dissolve a marriage. It’s easier said than done, though, considering that you are ending a relationship you thought would last a lifetime. The divorce reason could also cause heated arguments that would mean you keep losing focus on the reason you scheduled a meeting.
Among the simplest ways to facilitate smooth communication is enlisting professional help. In amicable situations, a mediator could suffice. In case of complex matters, enlisting an experienced divorce lawyer is advisable. The lawyer can represent you, including handling all the communications. This can minimize disagreements and make it easier to find common settlement grounds.
Organize your financial affairs
Financial matters are among the top reasons factors leading to a contested divorce. The simplest way to minimize friction when navigating financial matters is readily available and well-organized documents. A clear view of your income, assets, and debts can streamline the process since you’ll be on the same page. This can even eliminate the need for lengthy investigations or arguments as to what counts as marital assets.
Look at the bigger picture
The satisfaction of having it your way can seem like the best way to approach a divorce. Nonetheless, this is not the case since your unwillingness to compromise can result in an avoidable contested divorce. Look at the bigger picture; the emotional and financial impacts of the contested divorce. You may be left with little to celebrate after a contentious battle. If you think about that before going into arguments, you’ll make better decisions to avoid a contested divorce.
Chances or contentions are almost guaranteed if you approach divorce without the willingness to compromise. It would be best if you were willing to sacrifice, requiring some level of flexibility.
Your partner is not out to hurt you, and with a flexible approach, you can find a middle ground on the most demanding concerns, including child custody, support, and financial matters. Flexibility and willingness to compromise improve the odds of reaching fair solutions, which can keep you from a costly and lengthy contested divorce.
Divorce is a major life event. It requires you to be calm, which you may not easily master, given the situation. Overwhelming emotions can hinder communication. Counseling can help you work over sensitive issues and learn how to remain calm in such trying times. Once you get such concerns off your chest, you’ll have an easier time maintaining a level head and focusing on reaching an amicable resolution.
Accept the situation
Most divorces become heated when one spouse either can’t accept that the marriage is over or they must sacrifice to facilitate amicable proceedings. This is mainly in case the divorce grounds are concerns like infidelity. Whether it is emotional or physical cheating, cyber, or financial infidelity, the grounds mean the guilty spouse needs to admit and accept they are in the wrong and could get the short end of the stick.
If you contest a logical settlement request from your partner, the divorce is likely to drag on. This is because they could be tempted to seek gratification to punish you for your deeds, which could reflect in aspects like full custody of the children and unfavorable visitation rights or considerable alimony.
Accepting that you/your spouse’s acts have led to the need for divorce can help ensure that you remain objective and facilitate better proceedings. This can mitigate the chances of a contested divorce, helping you get on with your life faster and with less friction.
Collaborative divorce can speed up the proceedings and result in favorable outcomes. The voluntary participation, open communications, and team approach help to quickly and efficiently navigate a divorce’s legal and emotional load. Enlisting a family lawyer can further improve the progress, helping you avoid common pitfalls that could drag the proceeding.
While collaborative divorce is the best course of action, it is worth noting that it is not applicable in all situations; litigation could be the only viable option in certain cases. For instance, if the relationship is characterized by a considerable power imbalance of domestic violence history, it is unlikely that the spouses can find amicable dispute resolution approaches during a divorce.
If you are planning a divorce, it is wise to consult a lawyer to establish if a collaborative approach is ideal, or you may need to plan for other measures, including aggressive litigation.