Answering A Few Important Divorce Questions

20 May 2016
 Categories: , Blog

Divorcing can be an emotionally devastating experience for a person to go through. While these proceedings are fairly common, there are many individuals that are not particularly informed about what they should expect when going through a divorce. For those who are in this situation, it may be worthwhile to learn the following answers to some common questions about divorce.

Can Your Spouse Stop You From Getting Divorced?

There is a common fear among some people that the other spouse will not agree to the divorce. Fortunately, you should be relieved to learn that a person cannot stop you from legally divorcing them. While they may be able to slow the process, the courts recognize the impracticality of requiring mutual consent for a divorce. As a result, if your spouse is unnecessarily delaying the proceedings, it may be possible to have a judge issue an order to compel their compliance. Failure for them to respond can result in a default judgment in your favor.

How Will Your Assets From The Marriage Be Handled?

The division of the assets and wealth that were accumulated over the course of the marriage can be a particularly thorny issue during these proceedings. In the name of fairness, the courts will typically attempt to divide the property as evenly as possible between the couple. To prevent the court from having to take the laborious task of research and separating the marriage's assets, it will often be recommended for the couple to go through mediation. If mediation fails, the court will have no other choice but to divide the assets, which can cause both sides to be unsatisfied with what they will be getting in the divorce.

Can A Mediator Force You To Accept A Settlement Offer?

Some individuals may be hesitant about going through mediation because they are concerned that the mediator will have the power to compel agreements. Fortunately, this is not the case. These professionals exist to facilitate productive dialogues and negotiations. Typically, this will be done by them acting as a messenger between the two parties and ensuring that the discussions stay on the relevant matters to the divorce. By helping to impose civility during this trying time, these professionals may help you to resolve many of the most serious conflicts of your divorce without leaving it to the discretion of a judge. To help you through this process, your attorney will be present throughout the negotiations to make sure that you understand the terms that are being proposed by the other side.

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