Divorce can be a very difficult process. Apart from the difficulty in making the decision to have a divorce, the divorce, especially a contested one, is a huge emotional, physical and financial strain.
Where a divorce is contested, or where the divorce was not contemplated by one party but initiated by the other, the issues at hand may become very complicated and tedious.
For example, the three biggest issues that tend to be the most fiercely contested are the division of matrimonial assets, maintenance and custody, care and control of the child.
However, there is still the actual divorce proceedings itself, where the courts decide whether to grant the divorce. This can become just as tiring and tedious a process where parties disagree as to whose fault it was that caused the dissolution of the marriage.
Why The Need For Divorce Strategy?
Depending on how contested the proceedings are, divorce proceedings can drag on for a long time. What this means is that the longer the proceedings last for, you are unable to have a clean break for longer, you suffer the stress of having to fight over every issue and last but not least, face additional costs that you were not prepared for.
An example is the division of matrimonial assets. Things that you may have taken for granted such as joint bank accounts are suddenly fought over, and you have to produce every last scrap of evidence to demonstrate why the assets inside should belong to you.
This can be a very harsh process as you may rightly feel aggrieved but cannot find the evidence, and searching for every last receipt takes a huge amount of effort.
Therefore, fighting over every last thing would unnecessarily tire you out, and also lead to long hours spent by you and the lawyers poring over documents. Additionally, this prolongs the time spent during hearings as the court has to deal with every issue presented before it.
This is especially so if you need to call in witnesses. This means that you will incur even more costs which you may soon be out of budget to maintain proceedings.
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What Is The Right Divorce Strategy For You?
The first step to deciding what the right strategy is for you is having a discussion on what your true priorities are. It is important to recognise the reality that you may not get everything that you want, and you will have to give up some things.
Therefore, in order to save costs and time, and ensure that your own effort does not go to waste, setting out where you should focus your efforts on is paramount.
For example, if what you really want is custody, care and control of the child, then it is possible to negotiate with your spouse on what he or she wants in exchange. This helps to reduce the time spent at trial, and also ensures that you get what is important to you.
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A good divorce lawyer will be aware of what is most important to you and be able to take the appropriate position to best protect and advance your interests.
Every divorce case is different. Every person is different and has different reasons for ending the marriage and different goals for what they wish to get from it. By speaking to a lawyer, you will be able to better understand the divorce process and be better prepared on how to approach the divorce.
The lawyer will also be able to act as an intermediary between you and your ex-spouse, and thus be able to facilitate better conversation and negotiation to settle the matter as smoothly as possible. This helps you to save costs, time, and can make the process a little less stressful.
Let Us Help With Your Strategy
There are many factors in a divorce, and the court is obligated to take into account all these factors in deciding on the terms of the divorce. Our lawyers are experienced in these matters and will be able to assist you in deciding what your best course of action is, in order to get what you really want out of your divorce. If you are considering a divorce, please get in touch with us and we will have a fruitful consultation on your available options.
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