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Can I control the divorce process at all?
The process for terminating a marriage is managed by your state's court, but that does not mean you relinquish all control. You can maintain control over how your marriage terminates, how assets and debts are divided, how your parenting time is handled, and almost every other issue. The key to accomplishing a controlled termination of your marriage is reaching an agreement with your soon to be ex-spouse.
Maintaining control over the terms of your marriage’s termination requires you and your spouse reach an agreement on all issues you want control over. This is because courts are routinely open to terminating a marriage on reasonable terms agreed to by the parties; but all other issues must be tried to the court’s assigned judge. The judge then reviews the facts and the law, and renders a decision that resolves the area of disagreement. Obviously, when the judge determines how the contested issue is managed, the judge controls the case instead of the parties.
The issues related to your marriage termination that must be decided include how marital assets are divided - including cars, homes, furniture, retirement accounts, and any other assets you might have; how the marital debts are divided; whether one parent will have sole custody with guideline visitation or whether there will be shared parenting; and any other issues present in your marriage. It is possible, and common, for married couples to agree on some issues and not all. Though, some couples agree on all issues, and others on no issues at all.
In summary, then:
If you reach no agreements with your spouse - you have the least control.
If you reach some agreements with your spouse - you have partial control.
And, if you can fully resolve your issues with your spouse - you can very likely maintain nearly full control.
If you are able to reach a complete resolution with your spouse on how all marital issues are terminated, then you maintain nearly full control over the process. Without question, this is the best scenario for our clients because it allows the parties to choose their own outcome, resolves the case sooner when compared to a lengthy trial process, and is less expensive for the parties who work to resolve their differences rather than pay lawyers to litigate the issues on their behalf.
The Fogelman Law Firm LLC recommends our clients maintain as much control over their case as possible, while maintaining a clear understanding of trial risks and costs in contrast to the concessions being considered to reach an agreement.
Maintaining control over the terms of your marriage’s termination requires you and your spouse reach an agreement on all issues you want control over. This is because courts are routinely open to terminating a marriage on reasonable terms agreed to by the parties; but all other issues must be tried to the court’s assigned judge. The judge then reviews the facts and the law, and renders a decision that resolves the area of disagreement. Obviously, when the judge determines how the contested issue is managed, the judge controls the case instead of the parties.
The issues related to your marriage termination that must be decided include how marital assets are divided - including cars, homes, furniture, retirement accounts, and any other assets you might have; how the marital debts are divided; whether one parent will have sole custody with guideline visitation or whether there will be shared parenting; and any other issues present in your marriage. It is possible, and common, for married couples to agree on some issues and not all. Though, some couples agree on all issues, and others on no issues at all.
In summary, then:
If you reach no agreements with your spouse - you have the least control.
If you reach some agreements with your spouse - you have partial control.
And, if you can fully resolve your issues with your spouse - you can very likely maintain nearly full control.
If you are able to reach a complete resolution with your spouse on how all marital issues are terminated, then you maintain nearly full control over the process. Without question, this is the best scenario for our clients because it allows the parties to choose their own outcome, resolves the case sooner when compared to a lengthy trial process, and is less expensive for the parties who work to resolve their differences rather than pay lawyers to litigate the issues on their behalf.
The Fogelman Law Firm LLC recommends our clients maintain as much control over their case as possible, while maintaining a clear understanding of trial risks and costs in contrast to the concessions being considered to reach an agreement.
If you are ready to move forward with considering the divorce process, we ask you to consider using our services.
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Disclaimer: All articles and blog posts are for informational purpose only. This information was current as of October of 2015. The information does not constitute legal advice and should not be relied upon as a substitute for your hiring an attorney to review your specific legal issue. By reading this blog site you understand that there is no attorney client relationship between you and The Fogelman Law Firm LLC. To form an attorney client relationship, you must contact us, appear for a consultation, and sign a retention agreement before this firm will represent you.
Disclaimer: All articles and blog posts are for informational purpose only. This information was current as of October of 2015. The information does not constitute legal advice and should not be relied upon as a substitute for your hiring an attorney to review your specific legal issue. By reading this blog site you understand that there is no attorney client relationship between you and The Fogelman Law Firm LLC. To form an attorney client relationship, you must contact us, appear for a consultation, and sign a retention agreement before this firm will represent you.
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