When it comes to divorce, each situation is unique, yet some common scenarios tend to emerge. Quite often, individuals seeking guidance have reached a breaking point, feeling that they cannot continue in their marriage. They may be considering filing for divorce or have been informed by their spouse of an impending separation. Others may be struggling with their relationship, uncertain of its future, and wish to be prepared in case they end up in a divorce scenario.
When People Seek Guidance: Various Stages
When individuals reach out for assistance, they are typically at different stages of their divorce journey. Some have reached a point of no return and are ready to initiate the process, while others may just be starting to contemplate the possibility of divorce. These individuals may not be planning to file for divorce themselves, but could be anticipating that their spouse will. Alternatively, they might just be trying to gather information about what would occur if a divorce were to transpire.
The Simplified Process Of Divorce
In a standard divorce, the process typically starts with an initial meeting with a lawyer, where all details pertaining to assets, income, children, and other relevant issues are discussed. After considering all these elements, you decide how you’d like the divorce to proceed. In the divorce complaint, you typically request more than you’re willing to settle for. This is done to maintain flexibility and to establish a degree of risk for the other party, even if the divorce is proceeding amicably.
Following the divorce complaint, your lawyer prepares a proposed divorce decree, which outlines what you’re actually willing to settle for. The other party receives this paperwork and must respond within 30 days. If they agree to the terms, the divorce is finalized in court. If they choose to contest the decree, the case goes to trial.
In many cases, not all issues are settled at the outset of a divorce. It’s common for some matters to be agreed upon while others remain contested. The goal is to settle as much as possible and then bring any unresolved issues before the court only if necessary.
Complications And Obstacles In Divorce
Emotions can often complicate the divorce process, making it more challenging to reach an agreement. The emotional trauma of divorce can cloud judgment, leading to decisions driven by feelings rather than by logical reasoning. This can result in outcomes that are not in your best interest. The most effective approach is to focus on achieving the best possible outcome within the constraints of the law and the facts at hand.
Furthermore, refusing to accept the realities of the legal process can significantly complicate and delay divorce proceedings. This can occur, for example, when a party refuses to accept a legally mandated asset division.
Finally, dating during the divorce process can be a major complication. While fault is not a factor in property division or alimony, dating can complicate proceedings and potentially affect the judge’s perception of your case. To avoid unnecessarily complicating the process, it’s generally advisable to abstain from dating until the divorce is finalized.
For more information on Common Scenarios Leading To Divorce, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (501) 984-7567today.