Non Contested Divorce vs. Contested Divorce

Often times the picture perfect marriage where two people vow to love, care for and honor till death do they part falls apart at the seams. What appeared to be a perfect union between a man and women has disintegrated over the years and it seems that the marriage is fractured beyond repair.

Neither one is pointing a finger or blaming their spouse; they just wake up one morning and realize that the once powerful relationship no longer exists.  

They both agree that it’s time to go their separate ways. No need to hire legal council, after all they’re intelligent adults and both are willing to sit down and complete the necessary paperwork to end their marriage. 

They will divide up assets, retirement and financial obligations insuring that neither one will suffer needlessly. This is a fairytale divorce without hero or heroine – no villain and no magical being to come to the aid of the hero.

This type of divorce which definitely works for some is called a non-contested or mutual divorce. Both parties agree on division of property, assets and financial obligations.  If children are involved, usually both parents want to share custody so joint custody is agreed upon. 

But what happens when neither spouse can agree on division of property, assets, financial obligations and child custody. Oftentimes one spouse hires a high powered attorney to represent them while the other opts to be a pro se litigant. Unless the pro se litigant is prepared to do an extensive amount of homework and preparation odds are against them. 

Due to their lack of judicial knowledge and courtroom procedure they’re at the mercy of the spouse who has legal council. One has a case to present to the Judge and the other has a story laced with “he said, she said” testimony. Although many judges have empathy for the pro se litigant, their hands are tied and they must make determinations on information at hand.

The American Bar Association and many judges say, “Pro Se litigants often lose more then they should when representing themselves,” because the pro se litigant doesn’t know how to prepare his or her case based on hard facts. There are many workshops and self help information venues for the pro se litigants, but few take advantage of this type of support. 

An Arizona company not yet launched is extending a hand up to  pro se litigants for a year without any charges or hidden surprises.  Go to www.caseboss.com

Their team is waiting to assist you and answer your questions while you learn to prepare a powerful case for your day in court.

1. Judges have little patience with pro se litigants or legal counsel who comes to Court unprepared.

2.  Judges have a small window of time and make final decisions based on verified information presented to them.

3.  Judges are in control of your future – decisions are made on hard facts and not “he said, she said” information. 

As Always,

Little Tboca

www.caseboss.com

Collaborate Divorce vs. Contested Divorce

If you jump online and study the statistics on contested divorces, it’s pretty scary and very confusing.  It’s like husband and wife have put on their armor and ready for battle, any battle just as long as they win. Its payback time and a winner take all scenario.

One of the truly terrifying thoughts about a contested divorce is this – often times one spouse is going pro se (representing themselves) while the other spouse has hired a divorce attorney with a great track record.  This is like letting a junk yard dog attack a miniature poodle – little chance of competing when the pro se litigant doesn’t understand family laws or courtroom procedure.

What about a divorce pathway that eliminates the courtroom drama, saves money, time and proves to be more equitable for both spouses when done correctly. Collaborative or cooperative law opens doors for both parties and gives them options while adhering to family law.

Each spouse gets an attorney whose credentials include collaborative law.  They meet with their attorneys and discuss division of marital assets, child support, alimony and the shared debt of the married couple. With the assistance of their attorney they know what to expect on each of these issues – anger and emotions are controlled because they understand the critical issues of divorce.

Each attorney will probably inform their clients that the children are a priority and all decisions concerning the children must be in “the best interests” of the children. Husband and wife will have a handle on what to expect when marital assets are divided and they’ll understand prenuptial contracts, retirement funds and shared savings accounts etc. 

If there is an extensive amount of marital assets the attorneys may suggest hiring a third party who is qualified to give them a fair market value of the assets. At the same time they may suggest a preliminary injunction which prevents either spouse from disposing of marital assets prior to the divorce.

Next the spouses along with their attorneys have an informal meeting focused on making the difficult divorce decisions that exist when a married couple is dissolving their marriage.  When one or both parties are in total disagreement, the collaborate attorneys will offer suggestions and legal information that will help the parties arrive at a logical decision.

Collaborate or cooperative divorce is by no way easy, because there are many legal issues that must be factored in such as length of marriage, children’s ages, health and age of spouses, if one spouse has contributed to another’s education or helped them build a business etc.  Divorce is a very contentious issue and it isn’t like a pie that can be split right down the middle – instead family law concentrates on “fair” but not necessarily “equal.”

It is a good way to save time, money, courtroom drama and a great way to do what is in the “best interests” of the children.  If spouses can look at divorce as a business plan that needs both of their input, they will approach the division of marital assets, children, custody and alimony in a different frame of mind.  Collaborate divorce is better for the children allowing them an easier transition and it saves a lot of emotional and financial stress for both parents. 

As Always,

Little Tboca

www.caseboss.com