3 Questions For Couples Seeking A Divorce

Posted on: 25 January 2022

Are you considering a divorce with your spouse and not sure what to do? Here are a few questions that you may have. 

What Is Legal Separation?

Some couples decide to pursue legal separation as their first step when considering divorce. The process is very similar to filing for a divorce, as it allows a couple to divide assets, debts, and determine child custody. You won't be married at the end of the process, but not single either. This means that you cannot get remarried while you are legally separated. 

There are a few legal benefits of a legal separation instead of a divorce, which include being entitled to social security benefits, pensions, and health insurance benefits. However, any debts and property purchases that are taken on after the legal separation will belong to the individual person.

What Is A Collaborative Divorce?

The goal of having a collaborative divorce is to work with your spouse in mediation, rather than in court, to determine the terms of the divorce. You can come up with solutions that the two of you mutually decide on, rather than have a judge make the decisions for you. Each spouse would have their own divorce attorney to represent them during a collaborative divorce and let them know what their rights are. 

In addition, collaborative divorces can have neutral parties come in and help move the divorce process along. This includes financial help to figure out how to divide assets in a way that is fair for everyone and works out best from a tax perspective, and a general mediator that helps both sides come to resolutions together. 

How Can You Speed Up The Divorce Process?

There are some ways to speed up the divorce process if you want to get a divorce as quickly as possible. You can file a joint petition with your spouse, where you agree to all potential issues that need to be decided on in your divorce. A lawyer will write up the agreement for you, a judge signs it, and the divorce is final. 

The key to speeding up the divorce process is being on the same page with your spouse. If you are willing to work together and work out issues between the two of you in a fair way, the process can go fairly quickly. Be open to compromising with your spouse and avoid intentionally prolonging the process, which is only going to add to the legal fees that you have to pay to get lawyers involved.