Are you and your spouse trying to have an amicable divorce? There are plenty of way that you can make sure this does not turn into a battle. Here is what you should know.
Amicable Divorce | Separation Agreements
A separation agreement is a legal contract between both spouses. It essentially resolves all of the issues that you have in your divorce. A separation agreement is a voluntary contract. What that means is that no one can be forced to sign it. Within the separation agreement, the client’s issues will be resolved, whether it be issues related to children, issues related to marital property, spousal support, or maintenance. Everything is resolved within a separation agreement.
Amicable Divorce | No Fault Divorce
No fault divorce is a concept that is based around the circumstances of the divorce. In essence, what a no fault divorce means is that either spouse is entitled to get a divorce based upon the grounds of an irretrievably broken marriage. The spouse cannot say that the marriage is not irretrievably broken because once one spouse says it is irretrievably broken, the law would recognize that you’re entitled to a divorce without having to say anything more.
Amicable Divorce | Uncontested Divorce
An uncontested divorce typically involves a case with little or no legal issues that need to be resolved. It’s typically a short-term marriage. Maybe the parties have been separated for some time and there aren’t any controversies in the case. There are either no children, or the issues related to the children have already been resolved. There are no issues of marital property and splitting a house or dividing assets. It is the smoothest divorce there is.
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Amicable Divorce | Sharing a Home While a Divorce is Pending
Choosing to remain in the same home is completely up to both parties if they can live with that situation. If being in the same house is manageable, both parties get along well enough and can handle it, it is recommended to stay there as long as possible. Sometimes people aren’t able to stay in the house because there is a lot of animosity and hard feelings between the parties. In that case, it’s okay to leave. Leaving is allowed and does not compromise any rights during the divorce.
Even if you have an amicable divorce, if it a good idea to hire an attorney. Please call our office today to set up a free consultation with our Rochester divorce lawyer Michael Schmitt.