When one party is considering a Divorce or a Legal Separation, it is very important to consider all the options that would entice the spouse to cooperate. The simple reason for this is that the cost will be considerably less. The best way to know all the options is to consult with an experienced Divorce or Family Law Lawyer who can explain your legal rights and what is considered reasonable.
Here are 5 ways to encourage cooperation in a Divorce or, in other words, to achieve an ‘uncontested’ Divorce:
- Do not let emotions such as ‘getting even’ or blaming the other party get in the way of rational communication
- If children are involved, never speak negatively about the other parent; your response to the break-up will help the children adapt; remember, the welfare of children should be top priority
- Keep the lines of communication open and respect the needs of the other party; try not to react to provocations but attempt to act with respect and consideration
- Explain that you want to cooperate and avoid going to court
- Give specific suggestions with regard to issues; remember that negotiation involves ‘give & take’
You may need to consult with the Lawyer several times once attempts at negotiation have begun. The other party may make demands that you think are unreasonable. You may need to give in one area and then use this as leverage in another area.
If you have exhausted all means of getting cooperation, you may be faced with the prospect of going to court and having a judge decide on the issues. This is always the most costly option.
In essence, an ‘uncontested Divorce’ allows the parties to decide how the issues will be addressed–there is negotiation and a ‘give and take’. However, when the Divorce is ‘contested’ the decisions made at trial may not reflect either party’s desires.
If you wish to understand your legal rights and what is reasonable in your situation, call Legal Action Workshop. Our experienced Attorneys have more than 35 years’ experience and can help. You may also visit our website www.LegalActionWorkshopLAW.com for more information.
I am in a different state than my spouse. Can a divorce be started even though I am separated from him? How much money would the divorce cost in total? (with property and children)
Leslie:
In which state is your property and where do the children live? If the children live with the dad then child issues would need to be addressed in that state (CA?). Your divorce with us would be $899 plus the filing fee (may be waived by the court based on income). Is your spouse cooperative–if he is the divorce will cost less. Please call us at 1-800-HELP-444 to discuss!
Thank-you for contacting Legal Action Workshop–THE LAW FIRM THAT OFFERS LOW FLAT FEES!
Hello from California, I am retired and received SS benefits but my husband still working. We are in our early 60’s. My 401k is around 200,000 his is over 500,000 we own a home value around a million. In case of divorce without selling the house can my husband pay me out? And how do I receive an alimony without going to court. Thank you for your advise, I want an amicable divorce and not creat a hostile environment.
Sue:
It’s best to make a time to speak with the attorney regarding the details of your division of assets. We can help you if you wish an uncontested divorce and you reside in California. Your retirement plans are community property from the date of marriage to the date of separation. Most people are not able to buy the other out of a community residence, but I do not know your spouse’s income. Spousal support can be arranged by way of an agreement in an uncontested divorce. The vast majority of uncontested divorces do not require a court appearance. Please call our offices @ 818-630-5503 to discuss further. We’re here to help!
Thank-you for contacting Legal Action Workshop!