10 Mistakes to Avoid When Planning for Divorce
Mistake 1: You Believe Every Spouse Needs a Lawyer
You need a lawyer if you want to file the divorce petition in court. A lawyer is required in the family courts. If you find yourself able to process your divorce with the mutual consent of your spouse, your spouse does not need to hire their own lawyer for their consent.
You can get your divorce with just one lawyer and you only have to pay one lawyer. Most of the uncontested divorces Las Vegas proceed with just one lawyer. If you shy away from direct contact with a lawyer or would like to save yourself the research effort to find a lawyer experienced in family law, you can get a competent lawyer through a divorce service and, ideally, initiate your divorce online as an online divorce.
Mistake 2: You believe any breakup is arguable
Even if your emotions are boiling: still try to think objectively and plan strategically. It’s a cliché that a divorce is inevitably litigation. It is up to you to control the development of your marital partnership in such a way that the divorce amounts to an amicable divorce.
If you show yourself ready to do this, there is a chance your spouse will also advocate a friendly divorce. For reasons of cost alone, you should do everything possible to avoid a contentious divorce. If necessary, involve a third party as a mediator who will act as the mouthpiece for you and your spouse and lead you to an amicable divorce.
Mistake 3: You believe that the only way to settle the consequences of your divorce is through a litigation divorce
If you see a need for regulation because of a consequence of divorce, you should regulate typical consequences of divorce such as alimony or profit compensation, if possible out of court, in an agreement on the consequences of divorce.
In doing so, you create the conditions for an amicable divorce. A consensual divorce is the optimal way to carry out your divorce inexpensively, quickly and in the least stressful way.
Mistake 4: You believe that verbal or private written agreements are sufficient for an agreement on the consequences of divorce
It is correct that you can regulate household effects, marital home, liabilities from your marriage as well as the rights of contact for your child together in verbal or private written agreements. However, if it is a matter of profit compensation, transfer of real estate, post-marital maintenance or pension compensation, the law requires that your divorce consequences agreement be notarized. Alternatively, judicial logging in the divorce appointment comes into consideration, which, however, is associated with uncertainties.
Mistake 5: I need my spouse’s consent to divorce
You will be divorced after the end of the year of separation if your spouse agrees to the divorce. If your spouse refuses to give their consent, you will still get divorced if you can prove that your marriage is so broken that it is unreasonable for you to continue.
If the proof is not successful or if you do not want to get lost in mutual accusations, you will be divorced after three years at the latest, even against the expressly stated will of your spouse. In justified exceptional cases, a spouse can delay the divorce due to exceptional circumstances (e.g. risk of suicide) if the maintenance of your marriage appears to be necessary in exceptional cases.
Mistake 6: You Think Online Divorce Is a Publicity Stunt
The internet opened the way for divorce online. The online divorce opens up an alternative route to the conventional divorce, in that you save yourself the often time-consuming search for a lawyer experienced in family law and get in touch with a competent lawyer, for example through a divorce service. You will then only communicate online and you can of course contact the lawyer personally if necessary.
Mistake 7: Wanting to go through your divorce with a joint lawyer
Lawyers represent the interests of their clients. If you hire a lawyer to deal with your divorce, this lawyer may not advise or represent your spouse because of potential conflicts of interest.
If you go to a lawyer together, the lawyer may inform you with a view to balancing your fundamentally conflicting interests and work towards the conclusion of a mutual agreement on the consequences of divorce. If, however, the lawyer finds that the informational discussion held together reveals conflicting interests, he must resign from the mandate and may no longer represent any of the spouses in the divorce proceedings.
Mistake 8: You Believe Your Separation Will End Your Spouse’s Right of Inheritance
Your spouse is your legal inheritance along with your children. Their separation doesn’t change that. The right of inheritance does not cease to apply until the requirements for the divorce of your marriage are met and your application for divorce has been served on your spouse or you have consented to your spouse’s application for divorce. If you have given your spouse in a will, the “will” shall not become invalid until the divorce becomes final.
In order to eliminate the right of inheritance immediately, you can mutually waive your right of inheritance in an agreement on the consequences of divorce. You should redesign an existing will immediately.
Mistake 9: You have no money and you think you can’t pay for the divorce
Your divorce shouldn’t fail because of money. If you have little or no money of your own, it is best to apply for state legal aid in connection with your divorce petition. If this is approved, the state treasury pays the fees for the court and your lawyer or disburses the fees and you pay them back to the state treasury in installments.
Mistake 10: After the divorce, we no longer have joint custody of our child
You will have joint custody of your child even after the separation and after your divorce.
In justified exceptional cases, a spouse only receives sole custody if it is justified in the best interests of the child. If joint custody continues, the parent who looks after the child on a daily basis decides on the child’s everyday matters. The consent of the parent who is not caring for it is only important in fundamental matters that determine the child’s prospects in life.
Mistakes are human. There are many mistakes you can avoid when it comes to separation and divorce. To do this, you need to find out early and patiently. Any information on the matter can mean cash and determine the course of your divorce.