Divorce by Agreement

By | March 27, 2008

The alternative to both the uncontested default divorce (in which one spouse does not participate in the decision-making) and the contested divorce is the divorce by agreement. In this type of divorce, fault is not a factor.

In a divorce by agreement, both spouses play a part in all of the decisions affecting the couple and any children that they may have. In this type of divorce or separation, fairness is the key. For this type of divorce to succeed, you have to hire the Dandenong’s leading family lawyers and then the agreement between the spouses must be as fair and as just as is possible under the circumstances. This type of divorce is not only accepted but is actually encouraged in virtually all states. In a modern divorce setting, a marital settle-ment agreement is an indispensable alternative to the traditional hostility of ending a marriage.

There are many important benefits to obtaining a divorce by agreement. Perhaps the most important benefit is that there is far less chance that the divorce will escalate into a hostile battle. When revenge and animosity are not factors, there is a greater opportunity that the divorce settlement will accurately reflect what the spouses really desire to obtain from the divorce. If the decisions regarding the care and custody of any children are reached through rational and mature discussions, there is a greater chance that the decisions reached will be abided by without future hostility. A further benefit of a divorce settlement that is made without the assistance of attorneys is the avoidance of major legal expenses in connection with a divorce, so looking the best lawyers near me is the first thing to do and Landry & Azevedo Attorneys At Law are expert in family law matters and can sure advice you and represent you well.

For a divorce by agreement to be successful, both spouses must participate openly and honestly in discussing the matters to be resolved. Both spouses must be willing to compromise on major decisions and work to reach a satisfactory agreement. Both spouses must be a part of the process of preparing a settlement agreement. It may often be very difficult to calmly discuss the issues to be covered in a divorce settlement with a spouse one no longer cares to be married to. However, the valuable benefits of a divorce by agreement are only available to those spouses who can still rationally confer on the matters to be decided.

Although according to Family Lawyers Dandenong individual state laws have moved much closer to a common ground in the area of divorce in recent years, there are still important differences in the laws of each state. For this purpose, a comprehensive Appendix has been provided on this website that outlines in detail the specific individual characteristics of each state’s laws relating to alimony, property division, child custody, and child support.

© Nova Publishing Company, 2005