How to Avoid a Hostile Divorce
From LawDepot Law Library
While the vast majority of divorces in the United States are uncontested, the small percentage that end up in court tend to be the ones we hear the most about. Because of the legal fees that are incurred, they can also be the most financially damaging divorces. How do you avoid a hostile divorce and lengthy legal battle? Here are a few tips.
- DON’T be greedy: Each party in a divorce will have certain items that he or she will want to keep. Making sure that you can keep the items that mean the most to you is important, but don’t be foolish about it. Don’t turn your fight over the $200 couch into a legal battle that could cost thousands. Unless something has great sentimental value, it’s rarely worth incurring the financial and emotional expenses that come from a hostile divorce.
- DO be willing to compromise: In order to get the things that you want most out of your divorce settlement, you will have to allow your spouse to have some of the things that she wants. In order to keep the plasma TV you bought together, you may have to let her keep the car. Do your best to make sure that you get the things that you truly want, but be willing to compromise over those that you can do without.
- DON’T be petty: Doing something just to hurt your spouse may seem like a good idea in the heat of the moment, but it will only make the situation worse. Avoid making decisions based purely on emotion. When you’re dividing your property, don’t start a battle over your spouse’s stamp collection just to hurt him.
- DO use a mediator: In order to get an uncontested divorce, you and your spouse need to come to an agreement regarding property, debt, and support obligations. If you can’t agree on these issues, you may feel that a hostile divorce is your only option. It isn’t. By involving a mediator—a neutral third party—you and your spouse may be able to reach an agreement without going to court. The goal of mediation is to help both parties come to an agreement. Mediation is less expensive than litigation, and has helped many couples reach an agreement and qualify for an uncontested divorce.
The vast majority of American divorces are uncontested. Yours can be too. As long as you are able to put your emotions aside, and negotiate rationally and fairly with your spouse, you will be able to reach an agreement about the terms of your divorce.
Reaching an agreement and getting an uncontested divorce will save you time, money, and emotional stress. An uncontested divorce can even be completed without a lawyer. Simply fill out an online divorce package from a company like LawDepot.com, and you can complete your divorce quickly, quietly, and with your dignity intact.
