Monthly Archives: December 2020

4 Ways You Can Speed Up Your Divorce Proceedings

Ending a marriage can be traumatic, not just for the couple but also for their family and especially for their children. However, when a relationship has come to a point of no return, divorce may be the best solution.

There is no set time for how long a divorce case can take. Some cases drag on for months while others are finalized within a matter of weeks. If both parties are certain that divorce is the best solution, it may be in their best interests to speed up the divorce case. Speeding up your divorce will help to reduce the legal costs involved. It will also help both parties begin the process of picking up the pieces and learning to live life without their partner.

Tips to speed up your divorce case

Maintain open communication

This can be tough, especially for a couple going through a divorce. Many problems in marriage that result in divorce often start with communication breakdown. In cases where the divorce is the decision of one spouse or the result of the actions of one spouse, the other spouse may be feeling hurt, anger, shock or grief. Communication may seem impossible in these situations.

Couples that keep the lines of communication open are able to discuss important issues and agree on how to move ahead. This makes it easy to come to a consensus on issues such as child custody and splitting assets. If you’re having difficulty communicating, consider seeing a therapist as a couple or individually.

Use a mediator

A great way of coming to an agreement on issues such as dividing assets is by seeking mediation. Mediation brings in a neutral third party to negotiate for a fair settlement. Mediators are trained professionals. They are especially helpful when couples can’t agree but do not want to have a long, drawn-out court battle.

Even if you’ve opted for mediation, be sure to have an experienced divorce lawyer present with you throughout the process. Your lawyer will help protect your rights and ensure you get a fair settlement.

Be honest

Many couples end up in drawn-out court battles because of the dishonesty of one or both spouses. A party may lie about their assets in order to protect them and the other party may decide to litigate as they feel hurt and betrayed.

If you want to speed up the divorce proceedings, it is best to be open and honest throughout the process. This means full disclosure of all your assets including debts, income and expenses. Your lawyer will help you devise a strategy to safeguard your interests.

Put it all in writing

It is important to document everything that is related to the divorce. This should be done in the presence of a lawyer. This is especially important for when you reach an agreement about any contentious issues such as child custody or division of assets. If the same issue arises again, you will have a written statement to refer to.

Speeding up your divorce will help you get started on the journey to healing much earlier. Follow the tips above to help speed up your divorce case.


Things to Avoid During a Divorce

Are you going through a divorce or planning to file for a divorce soon? There are various mistakes that people make when going through a divorce that can lead to them ending up with the short end of the stick. The following are mistakes you should avoid if you want to protect your rights.

Insisting on taking your case to court

Going through a divorce is an emotional process. You may feel betrayed, hurt and angry all at the same time. It isn’t uncommon for a hurt spouse to want to take revenge by prolonging the divorce proceedings and insisting on taking the case to court.

While you may initially get some satisfaction from taking your case to court, your case can quickly become complicated in a court setting. Going to court will increase the cost of the divorce significantly. A prolonged divorce can be stressful on you, your children and your friends and family. The outcome of a court case is unpredictable. You may end up with a judgment that is unfavorable to you.

Bad mouthing your spouse

It isn’t uncommon for spouses to be angry and hurt when going through a divorce. Many people badmouth their spouses to their children, friends or on social media in an attempt to win them over and take their revenge on their soon-to-be ex-spouse. While this may be satisfying in the moment, it can have negative consequences.

Bad-mouthing your spouse can harm your children in the long-term. Remember that your ex-spouse is still their parent. It won’t help to involve your children in a dispute between you. You could also end up hurting your chances of getting custody of your children. The court will consider which parent will foster a healthy relationship and may choose your spouse if there is evidence that you badmouth your spouse.

Hiding assets

People have a wide range of reasons why they hide assets from the court in divorce proceedings. You may feel betrayed by your spouse and not want them to benefit from divorcing you. It may be that you put a lot of work into obtaining assets after marriage and feel that it isn’t fair to have to split assets with your spouse.

Whatever your reasons, hiding assets is not in your best interest. Lying to the court could result in you losing ground in your divorce case. Your lies may give your spouse the opportunity to appeal divorce decrees that are in place and be awarded even more of your assets than was initially agreed upon. You may even face criminal charges for fraud.

Allowing your emotions to guide your decisions

Parties going through a divorce experience a wide range of emotions including rage, despair and frustration. However, it is important to be calm and rational when making decisions during a divorce. This will help you make logical decisions that are in your best interest. Allowing your emotions to take over can result in prolonging the divorce, which will ultimately increase your financial and emotional burden. It can also lead to making poor decisions that have long-term repercussions.

Avoid the mistakes above when going through a divorce. Consult an experienced divorce attorney to determine the best way to approach your divorce.


Getting a Military Divorce – Things You Should Know

Are you planning to get a divorce? A divorce where one or both parties are military service members is no more complicated than divorce involving only civilian parties. However, there are some special rules and requirements that only apply to military divorces. These can present challenges for couples seeking to end their marriages.

Understanding the special requirements for military divorces is important. This will help you be prepared for the challenges you may face. The following are some things you should know about military divorces.

Deciding where to file your divorce can be tricky

This is especially true when you or your spouse is in active service. Members of the military tend to move around a lot. They therefore have multiple homes. Some move around with their families and therefore have multiple records of home addresses shared with their spouses. There are some who have a shared address with their spouse and addresses for where they currently reside.

Deciding where to file a divorce in a civilian marriage is easy. You file in the jurisdiction in which you are resident. For a military divorce, you should file for a divorce in the place where the domicile spouse holds legal residence. At least one of the spouses must have been a resident of the state for 6 months immediately prior to filing for the divorce.

How military pension is split depends on the court

Divorce proceedings often become complicated when it comes to dividing assets including property and savings. Couples often disagree when it comes to splitting assets. This also applies to military divorces.

For military divorces, military benefits are also considered as part of the assets that ought to be divided between the spouses. The Uniformed Services Former Spouse Protection Act (USFPA) gives partners of military personnel the legal right to part of their spouse’s benefits. This applies to marriages of any length. The court may therefore decide how your military pension will be divided.

A divorced spouse may continue to benefit from healthcare

As previously mentioned, military benefits are considered part of the assets in a military divorce. While many benefits that the spouse was entitled to while married to the military service member end on the date of the divorce judgement, they may still be eligible for healthcare coverage. This depends on how long the couple has been married and the length of the time the military service overlapped with the marriage.

Former military spouses may also obtain health insurance coverage by applying for Continued Health Care Benefit Plan.

An active duty service member can get custody of their children

Child custody is often one of the biggest sources of conflict in divorce settlements. Active servers often worry that they won’t be able to get custody of the children because of their work. However, this isn’t the case. Although being in the military can have an impact on awarding custody, active military service members can get custody of their children. However, arrangements for custody can be complicated by their military service.  A family care plan which guides parents on how the children will cared for after the divorce is finalized will help to make the situation easier for the couple.

If you’re facing a military divorce, get in touch with a seasoned lawyer to guide you through the process. A good understanding of the special requirements for military divorce will help ensure your rights are protected.