Divorce Turns Into A Fight About One Thing: Money

Going through a divorce is hands down one of the toughest events of anyone’s life. You are emotionally drained and even getting up in the morning can be a mammoth task.The majority of divorce cases turn into a fight about one thing; MONEY. I am a firm believer in trying to resolve the divorce as amicably and as quickly as possible. In some instances, there is a need to fight but when the separation has taken its toll on the entire family, the last thing anyone wants to do is fight about money.The divorce process can appear to be daunting although it need not be. This article serves to provide you with a step by step explanation of the divorce process and how the parties can try to settle the matter on their own.

The legal obligation to maintain minor children is common to both parents in accordance with their respective means and abilities to pay. A parent’s duty to support the children extends to such support as the children reasonably require for their proper living and upbringing. Parties can simply complete the maintenance calculator to establish the correct amount of maintenance payable for each child, by each party.The parties are generally either married in community of property, where the parties assets and liabilities are split 50/50; or married out of community of property, where the parties own their assets in their personal name; or married out of community of property with the accrual system. The attorney can assist in calculating the asset claim should there be one.

The Divorce Process

Step one: Generation of The Papers: The attorney will draft the necessary divorce papers (the summons and particulars of claim). A divorce statistics form and a document for the family advocate, if there are minor children involved, will need to be completed. The information required in the divorces papers are; details of the parties; full names and where the parties reside; details of the marriage; date, place and what the marriage regime is; details of the children; their names and ages; details of the maintenance which is required by one of the spouses and/or the children and details of the assets which will be split if necessary.

Step two: Divorce Papers issued at court and sent to the sheriff: The attorney will attend to have the divorce papers issued at court, where a case number will be issued and thereafter the documents will be sent to the sheriff for service on one of the parties.

Step three: The Settlement agreement: Once the divorce papers are served on the parties. They parties will come to an agreement as to how the matter will be settled if the particulars of claim do not set this out. The attorney will arrange for the settlement agreement to be signed. If there are minor children involved, the attorney will arrange that the settlement agreement be forwarded to the family advocates office for their endorsement.

Step four: The court date: Once the family advocate has endorsed the settlement agreement, the attorney will apply for a court date. On the court day, the original marriage certificate will be handed up and the court will call the case to be heard.

In an ideal world both parties can sit down together and settle the divorce. Only a handful of divorces go to trial and the majority are settled, so rather settle it from the outset as at the end of the day the only person that is going to benefit when there is a fight is the attorney.