A TOUGH LIFE CHANGING DECISION...
BIG IMPLICATIONS FOR THE REST OF YOUR LIFE...
I AM Here TO HELP YOU out.
The thought of divorce is always very confronting. Whether you come up with it yourself or your partner. Even worse is when the other person overwhelms you with it. But however it happens, your whole life is turned upside down and all certainties fall away. Divorce is a "life event" and don't forget the impact and consequences of that decision on your children. It is therefore very important that a divorce is arranged in consultation as much as possible. Legally, it can be complex, but you will also run into practical issues.
The first concern, of course, is the (minor) children. For this reason, the law requires that divorcing couples first draw up a parenting plan, which should at least describe how they will continue to consult with each other and make decisions about the children after the divorce. In addition, it must include a properly described care arrangement as well as how the provision for the costs of raising and caring for the children is arranged. In principle, without a signed parenting plan, no divorce petition can be filed. If there is a fierce dispute that prevents the parents from drawing up a parenting plan first, the court can be asked to provide for those issues. But this must then be properly explained. Furthermore, the parents are supposed to include their children in the parenting plan (to what extent and how does, of course, depend on the age and development of the child) and mention that in the parenting plan.
In addition, finances need to be arranged. In the first place, of course, child support but in addition, perhaps partner support. The obligation to pay spousal support stems from the duty of care that spouses have towards each other and which therefore continues after the marriage. Whether and how much spousal support should be paid depends on many factors: the length of the marriage, the division of roles during the marriage, whether or not children were born of the marriage, the family income, the level of wealth and spending patterns during the marriage and the financial position of both partners after the divorce. These are so many factors in a subtle interplay that spousal support is truly customized.
Finally, division and housing. Are you married in community of property or on a prenuptial agreement? Either way, things will have to be divided and there will probably be mutual settlement claims. It should be carefully considered who is entitled to what.
At the same time, divorce can be made as difficult or as easy as you want. If both go out of their way and want to settle everything down to the decimal point, then the story not only becomes more complicated, but the chances of a protracted battle involving the courts also increase. It is not easy to define the line where it is "right." Ultimately, though, that's a fine criterion: when you put the regulation of all consequences on the scale, what do you feel good about? That can be very difficult, especially when emotions are running high.
A divorce is preferably arranged in consultation through mediation, under the expert guidance of a vFAS attorney-mediator. If you choose mediation, I will guide you through the difficult process of expressing your feelings and clearly describing why you want a divorce (the divorce notification), and then through all the issues that need to be arranged. In the end, there is then a covenant and a parenting plan that is filed with the court with a joint petition for divorce. Settlement is then in almost all cases an administrative matter. Only a lawyer is permitted to file a divorce petition with the court, which is why the lawyer-mediator combination is so practical.
Can't you come to an agreement? That's unfortunate but nothing need be lost yet. When both go to a lawyer, if all goes well, those lawyers will first follow the path of consultation. Often a four-way meeting is held, so you together, each with your own lawyer. That often still leads to a settlement.
And does that not work out either? That is certainly not a disgrace. In that case the judge comes into play. The lawyer then submits a divorce petition to the court, with side requests about the children, finances and division. The other party's lawyer then has the opportunity to file a defense and make his or her own requests. Eventually the case will go to a court hearing. A few weeks later, the court issues its decision in the form of an order.
Whatever situation you find yourself in, I can always assist you: as a lawyer and as a mediator.
The first concern, of course, is the (minor) children. For this reason, the law requires that divorcing couples first draw up a parenting plan, which should at least describe how they will continue to consult with each other and make decisions about the children after the divorce. In addition, it must include a properly described care arrangement as well as how the provision for the costs of raising and caring for the children is arranged. In principle, without a signed parenting plan, no divorce petition can be filed. If there is a fierce dispute that prevents the parents from drawing up a parenting plan first, the court can be asked to provide for those issues. But this must then be properly explained. Furthermore, the parents are supposed to include their children in the parenting plan (to what extent and how does, of course, depend on the age and development of the child) and mention that in the parenting plan.
In addition, finances need to be arranged. In the first place, of course, child support but in addition, perhaps partner support. The obligation to pay spousal support stems from the duty of care that spouses have towards each other and which therefore continues after the marriage. Whether and how much spousal support should be paid depends on many factors: the length of the marriage, the division of roles during the marriage, whether or not children were born of the marriage, the family income, the level of wealth and spending patterns during the marriage and the financial position of both partners after the divorce. These are so many factors in a subtle interplay that spousal support is truly customized.
Finally, division and housing. Are you married in community of property or on a prenuptial agreement? Either way, things will have to be divided and there will probably be mutual settlement claims. It should be carefully considered who is entitled to what.
At the same time, divorce can be made as difficult or as easy as you want. If both go out of their way and want to settle everything down to the decimal point, then the story not only becomes more complicated, but the chances of a protracted battle involving the courts also increase. It is not easy to define the line where it is "right." Ultimately, though, that's a fine criterion: when you put the regulation of all consequences on the scale, what do you feel good about? That can be very difficult, especially when emotions are running high.
A divorce is preferably arranged in consultation through mediation, under the expert guidance of a vFAS attorney-mediator. If you choose mediation, I will guide you through the difficult process of expressing your feelings and clearly describing why you want a divorce (the divorce notification), and then through all the issues that need to be arranged. In the end, there is then a covenant and a parenting plan that is filed with the court with a joint petition for divorce. Settlement is then in almost all cases an administrative matter. Only a lawyer is permitted to file a divorce petition with the court, which is why the lawyer-mediator combination is so practical.
Can't you come to an agreement? That's unfortunate but nothing need be lost yet. When both go to a lawyer, if all goes well, those lawyers will first follow the path of consultation. Often a four-way meeting is held, so you together, each with your own lawyer. That often still leads to a settlement.
And does that not work out either? That is certainly not a disgrace. In that case the judge comes into play. The lawyer then submits a divorce petition to the court, with side requests about the children, finances and division. The other party's lawyer then has the opportunity to file a defense and make his or her own requests. Eventually the case will go to a court hearing. A few weeks later, the court issues its decision in the form of an order.
Whatever situation you find yourself in, I can always assist you: as a lawyer and as a mediator.