When many are going divorced, they wonder why divorce isn’t simple? Why can’t parties just come into court and have their case completed right away?
The reality is when parties got married, it likely wasn’t easy, either. They would have had to apply for a wedding license. They would have had to find the venue for the wedding. For many, they had to find a venue for the wedding reception.
When parties get married, they also have to decide who is going to conduct the ceremony. They also have to decide who to invite to the wedding itself. Even prior to getting engaged, an engagement ring is almost always given.
Ultimately, it takes a lot of work for parties to plan a wedding and get married. At the same time, getting divorced usually isn’t any easier.
Both parties are wise to have an attorney. If the parties have marital property and debt, all of it has to be divided in a just manner from the retirement and bank accounts all the way down to household items.
If parties have children, they also have to agree on a parenting plan. This does not simply mean agreeing to terms such as joint or sole custody, but they have to agree all the way down to the days and the times each of the parties will get the kids. They also have to agree on how they are going to make decisions.
Child support also has to be agreed upon. Not just child support, but who is paying educational, extracurricular or medical costs needs to be agreed upon. Additionally, who gets to claim the kids on their taxes?
Parties also have to agree on spousal support and the payment of attorney’s fees. Most states also have some waiting period or separation period before a divorce can even be finalized.
The reason divorce is not usually simple is because it was complicated getting married in the first place. Severing that union is equally as complicated. Most parties do not agree on everything out of the gates.
In a collaborative divorce, the collaborative team (including collaborative lawyers, finance and mental health professionals) can all help parties work together to try to reach an agreement outside of court. The reality is that with the complexity of the issues in many divorced, they need the help of a team to get them to an amicable agreement.
If you are interested in finding out more about collaborative divorce, you can contact Stange Law Firm, PC at 855-805-0595.