What You Need to Know When Divorce is Not Amicable
Make no mistake – every divorce causes some kind of pain, namely in the emotional realm, and so-called “amicable” types aren’t immune from this. However, an amicable approach is more civil in nature and, as such, involves negotiating instead of litigating; this, of course, brings with it some upsides, such as fewer court visits, less trauma on children, reduced legal costs, and quicker resolution of the separation.
In collaborative separations, both spouses retain lawyers, but the attorneys work as negotiators for the two of them, with the negotiations handled outside of the court. When non-amicable cases go to court, the judge renders the decisions for the parties, and most courts attempt to get the spouses to agree prior to forcing litigation – it is at this stage that a judge can tell when one or both spouses are being unreasonable.
Collaborating and agreeing without litigation is more helpful not only to the court and its myriad officers but for any children that are involved – it’s actually better for everyone. This requires cooperation and communication, though, being that documents are exchanged without attorneys fighting for documents in the legal process referred to as “discovery” (which is where it is ultimately discovered if spouses don’t have the funds to battle it out like this for long).
If differences are divulged, the parties focus on compromise, and this is normally where neither party gets what they want, but both can concede to the deal. Spouses who can accept this can negotiate an amicable separation.
If you believe your dissolution is going to be non-amicable or will result in battling things out, you need a divorce attorney from the get-go. Why? Because it is important that you employ long-term strategies – if you do not have professional advice out of the gate nor any plan of action, you could end up making some major mistakes. Here’s an example we often give our clients: If you don’t move out of the family home after separation and the other party pays the mortgage while you are living in the home, you could be charged for half of your home’s fair market rental value in addition to half of the monthly mortgage payment for each month you live in the home. If your divorce is prolonged, this could lead to significant reimbursements to the other party at the end of your divorce, which could have a huge impact on your final property division orders. Many people aren’t aware of this, so it’s important to consult with an attorney before making the wrong decisions.
McKean Family Law provides legal services pertaining to most if not all, aspects of family law, and this includes annulment, child custody, and other family matters. Call us today at (916) 666-7874 to learn more. We have the divorce lawyer Roseville has been waiting for.