Smoothing The Transition During A Divorce


Nothing about a divorce is ever easy for anyone, but that doesn't mean you have to constantly stay in a state of conflict. Smoothing out the rough patches and finding a way to reach reasonable, equitable compromises can help you and your spouse conclude your marriage with as few major blow outs as possible. The lion's share of what needs to be done to achieve this is all about being aware of your attitude, but it may also require that you enlist the help of highly skilled professionals to help properly mediate and document the process.

Full Disclosure

During divorce proceedings the most important thing you can do is be as upfront and honest as possible about much of your life. This should include your intended living arrangements, your financial assets and income, as well as your intentions regarding any children you share. This level of honesty will help dispel doubts and will offer a point from which any negotiations can begin in earnest.

Complete honesty can be a healthy approach, but if it's not something you're comfortable with it's important to remember that there are some aspects of your life that are not necessary to disclose. Personal relationships outside of your marriage, future financial windfalls, inheritance from living relatives and incomplete purchases of real estate or property may not be required disclosures in your state. There's never anything wrong with sharing too much, but if there's something you intend on keeping from your spouse it's best to present the decision to your attorney first.

Work Within the Law

There is a great deal of case law, many state and federal statutes, and there may even be county or local laws regarding divorce. Some of these legal precedents or statutes can be used to your advantage during a divorce, especially if things began badly. A good example is the practice of legal separation, usually marked by a separation agreement which is legally binding on both spouses prior to the finalization of your divorce.

Separation agreements are a good precursor to a divorce, as they set up boundaries, outline obligations, and clarify some of the minutiae before a complete divorce decree is issued. In some states, this is a requirement, while others don't recognize them at all, but in both cases it can help identify points of contention during the divorce proceeding so that your final divorce document can be appropriately altered. If your state doesn't recognize separation agreements as legally binding it can still be used as a contract in good faith between you and your spouse, like a trial run before the real thing commences.

There are ways to overcome many of the conflicts that arise during divorce proceedings, and the tools exist to enable that to happen. You might not eliminate arguments entirely, but with the right mind-set, professional representation from an attorney like A. Scott Kalkwarf, and solid information you'll be able to ease your transition out of your marriage.


12 August 2015

family attorneys - what do they do?

Family attorneys are hired to help families through all sorts of things. Everything from divorce, child custody and adoption can be handled by a family attorney. If you are planning to adopt a child, you will need an attorney to help ensure that everything goes well. There are so many documents that need to filed, inspections to be performed and approvals to receive. This blog will cover all different kinds of cases and situations that a family attorney may be able to help your family with. Everything from the good to the bad will be discussed right here on my blog.