Your Divorce Roadmap: Know Your Case Resolution Options
- Get Informed & Ready
- Legal
Like marriages, no two divorces are alike. Some may be straightforward. Others, incredibly complex. The only common factor is that all divorces will require some degree of legal formality — it’s the extent that varies.
Keep in mind, well-intentioned friends and family members don’t know the law or even your specific situation, so your agreement is personal and specific to you.
Once you have spoken to (and hopefully secured the services of) a divorce attorney, your primary concern at this point should be reaching a divorce agreement.
Issues that must be resolved in your divorce agreement can include:
Division of marital assets
For divorcing parties, this means that most assets that are jointly owned or were acquired during a marriage must be divided equitably (fairly), though often not 50-50.
Child custody
For parents, few issues are more important than child custody. The courts encourage co-parents to come to amicable child custody agreements beneficial to the well-being and best interests of the child.
Child support and alimony
The financial considerations of divorce are many, and include spousal support through child support and alimony. These terms can have a major financial impact you and your family for decades — whether you are on the giving or receiving end.
Additional layers of complexity result when considering cases with:
- High-net-worth asset division
- The equitable division of owned businesses
- Contentious child custody disputes
- The equitable division of complex assets
Still, I can say with certainty that the most important factor in a swift and affordable divorce resolution is the willingness of both spouses to be open, communicative, and reasonable throughout the divorce process.
The cause of a long, expensive divorce is conflict and the unwillingness to compromise. The most expensive cases I’ve worked on had nothing to do with the number of assets, but everything to do with each party trying to win.
Pro Tip: No one wins when you are arguing on principle. |
In any case, it’s important to know what your options are going into a divorce. Legal fees can add up, and choosing the right case-resolution option for your unique situation can help mitigate unnecessary costs — not to mention save time.
The following options are presented in order of least to most legal involvement.
DIY Divorce
What is it | When you and your (ex) spouse handle all negotiations on your own. A lawyer is engaged only to review the divorce agreement and potentially to prepare all of the documents for you. |
Benefits | Least expensive option. |
Drawbacks | Can be stressful, especially if you and your ex don’t see eye to eye. |
Timeline | Timeline depends solely on how well you and your ex-partner communicate and work together. |
Ideal use cases | If you and your spouse are on relatively good terms and you're both willing to work together — and if your finances aren't too complicated, because of kids or shared property — this might be a good fit. |
Mediation
What is it | Involves out-of-court negotiations facilitated by a neutral mediator or mediation attorney. A lawyer is engaged only to review the final agreement before it’s signed. |
Benefits | Settlements... |
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