The legal process of getting separated from somebody with whom a person has been previously tied, that too for many years, is no “rule of thumb”, which means the process is more complicated than what it sounds like.
First of all, when a couple owns a home together with mutual investments, it is very difficult to decide who will stay in the house. If the couple uses joint funds to buy a home, it is really tricky to determine who will be staying in the house and how the funds will be paid.
Secondly, spousal support after the split can be very difficult for many couples. The most addressed problem in case of spousal support is the financial support one spouse gives the other. The spouse often comes under the impression that when their connections are already broken off then they should not have to pay for their partner. And in the same time, the other partner feels that he/she owes payment to the spouse for they had earned money in the relationship when they were equal partners. When this issue is no longer able to be handled by the couple, they rely on the decision of the court or after the mediation process to determine what is fair, and this issue can take longer to be resolved.
The other greater complication is to figure out who among the couple will take care of the children. Often couples seek for equal custody of their children, but there are cases where one partner is ready for equal custody and the other may want the full custody to take care of their children. In some of the cases it is also noticed that the parents argue over getting their children at their home specially when both of them are working. Such cases also get quite complicated where a spouse thinks that the other spouse is not fit for taking care of their children.
The most important thing to be considered is to hire the right attorney. As the divorce process is not so simple, hiring a well skilled attorney can be really very helpful in negotiating divorce. It is very important to assure that the arrangements that are made are fair to both the individuals.
The divorcing couples can go for collaborative divorce process if they are mature enough to settle the disputes among themselves without the involvement of any court proceedings or they can opt for a mediation process to resolve their disputes.
COLLABORATIVE DIVORCE PROCESS AND FAMILY LAW MEDIATION
Divorce and Family Law Mediation is expensive but an excellent means of resolving disputes. It helps the parties maintain a healthy relationship and head towards a resolution which is best for the entire family.
Collaborative divorce offers divorcing couples an option of mutual problem solving. Both the parties agree in writing that they would work together toward an agreement instead of indulging in the divorce case.
