Friday, September 13, 2013

Here's a "Win Win" for Both Parties in a Divorce

www.caseboss.com
For those contemplating divorce, you’ve probably been  surfing on the “Net” trying to get a grasp of what to expect once you file divorce papers.  Almost every internet site will explain how emotional and contentious a contested divorce is followed up with painting a doom and gloom picture of divorce. 

It’s so easy to tell one to control their emotions, get over the pay back mode and behave like an adult.  Comments like this often time just adds fuel to the fire – you’re on a need to know basis and that’s the bottom line. The question is how can you save on attorney fees and court costs.

So let’s get to the chase and discuss the dollar and cents aspect of a contested divorce.  Whether you’re representing yourself or have legal counsel there are two issues that can be resolved without a high powered attorney or a family law judge. 

Once a spouse has filed for divorce there is an interim between the time filed and your day in court.  During this time if children are involved, someone will need to stay in the marital home and care for the children.  There will be the normal bills to pay such as mortgage, vehicles, insurance and credit cards etc…  One spouse will move out and need to find a place to hang his or her hat at this time - they will incur rent, utilities and some miscellaneous expenses. 

Even when the divorce is contested, this solution will save big bucks in attorney and court fees if two people can work out a temporary agreement until their divorce is heard by a family law judge.  There’s only so much money to work with – so treating this divorce as possibly one of the biggest business deals in your lifetime will save both parties money and time. 

Usually one party has been the primary caregiver of the children so it would be logical that rather than disturb the children he or she will reside in the marital home until your day in court. If both parties work they can continue sharing the responsibility of paying bills timely - neither party should sneak money out of savings, retirement or gleefully run up charges on the credit cards.  This definitely takes a “leap of faith” but it can be accomplished if both parties work out a feasible solution until their divorce is heard in court.

The other big issue, in fact the one that is a family law judge’s priority is child custody. If both parties can work out a child custody plan together they will once again save big bucks in attorney fees.  A good attorney will in fact suggest that you try to collaborate or work together rather than take these two big issues to court. 
 
This is a "win win" situation for both parties if they treat divorce as a business deal. This isn’t legal advice, but a logical suggestion that will benefit both parties involved in a contested divorce. The more that is agreed upon before that day in court the more money they will save. The family law judge has a lot on his or her plate when children are involved and usually they will make final decisions on child custody in the “best interest” of the children.

Understandably one or both parties are madder than “H- - -,” but unless there’s abuse, addiction or mental illness involved in the relationship working out temporary arrangements and child custody will help both parties during the interim before the divorce is heard in court.
 
As Always,

Little Tboca 

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