Television and movies paint a picture of all divorces being full of acrimony and strife. Husbands and wives battle it out to determine who gets the kids, the house and the pride of knowing they got one final "win" over their soon to be ex-spouse. To be sure- the scenario just laid out is a costly one not only in terms of money but emotional output.
The attorneys with the Law Office of Bryan Fagan, PLLC see potential clients come in to meet with us to discuss a divorce and they will typically arrive with a sense of unease because they believe that divorcing their spouse is going to be as bad as our media would make it out to be.
Your divorce can be Amicable
Fortunately for many parties that are divorcing the fact is that divorce is not everything it's cracked up to be- in a good way. Simply put- most people do not enter into a divorce with the intent to do whatever it takes to get whatever they want. For starters, a lot of couples talk to each other about the divorce before one or the other actually files in court.
This can be important in that the couple can discuss what they both feel they need to achieve in a divorce and chart a course of action to get there.
The Waiver Divorce
From personal experience, I can say that everyone involved in a divorce wants to get the process over with as soon as possible. This goal can be achieved early on through an uncontested divorce process by signing a Waiver of Service/Citation rather than having to wait on a process server to serve someone personally.
A Waiver of Service is just that- a statement that a responding party can make agreeing to receive their spouse's divorce petition directly from them or their spouse's attorney. This saves money because a process server does not need to be hired and it saves time because the parties don't need to wait the extra time for the court to prepare the documents for service. Extra expense is saved because the waiving party will typically not hire an attorney as well.
Once the waiver of service is signed and filed, it is up to the parties how to proceed. The attorneys with the Law Office of Bryan Fagan, PLLC will assist clients in:
- compiling a list of assets,
- debts, and
- other financial information that needs to be divided and accounted for.
As far as children are concerned, the parties will usually need to have a good understanding of what they want to do as far as figuring out:
- Possession and access of the kids and
- Child Support
The easiest way that I've found for a divorce to go from uncontested to contested is to arrive at a dispute regarding the kids.
An agreement between the parties is best ratified in mediation. This is where an independent attorney acts as an intermediary between the spouses to help craft a final agreement that both parties can receive a judgment by from a court. This agreement is binding and cannot revoked. The courtroom scenes that I touched on briefly at the outset of this blog post are a more costly, more time intensive and more antagonistic alternative to the cost-effective and efficient use of a qualified and experienced mediator.
While a simple divorce is not in the cards for every pair of divorcing spouses, it is a great solution for a lot of people. The attorneys with the Law Office of Bryan Fagan, PLLC will always work to better the lives of clients by assisting and advocating to achieve their goals. Please contact our office today for a free of charge consultation where you can learn if an uncontested divorce will be an option for you.
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