Drafting Your Own Divorce Settlement

For many couples, divorce is not the acrimonious war so often depicted in television and movies. That is not to say, of course, that contentious divorces do not exist; there are just many more amicable situations than most people would probably expect. In a large number of situations, especially with the proliferation of no-fault divorce, in which both spouses fully agree that divorce is the right option and are committed to ending the marriage as smoothly and efficiently as possible.

Context Certainly Matters

No matter how agreeable you and your spouse can be, any divorce is going to have its painful moments. Your life is about to change significantly and, while new opportunities are certain to present themselves, there will most likely be a period of grief and adjustment not unlike that associated with the death of a family member. If your marriage slowly deteriorated to the point where being married no longer makes sense, and both of you recognize it and address it directly, the hurt and stress can be minimized. On the other hand, if the marriage fails due to inappropriate or deceitful behavior by one or both spouses, negotiating a reasonable divorce agreement may be much more difficult.

Address the Necessary Concerns

If you and your spouse are able to effectively communicate and cooperate, the divorce process can and will be much simpler. As a result, the process is also likely to be much faster and more cost-effective. Before you file your petition for divorce, take the time to sit down with your spouse and objectively analyze your situation. What do you own together? What do each of you want or need? Who will be primarily responsible for children? Will spousal maintenance be necessary? As long as you can reach a reasonable agreement on all the appropriate considerations, you will be able to avoid a long, drawn out divorce proceeding.

Have Your Agreement Reviewed

Before your divorce can be finalized, you will need to present your proposed agreement to the court for approval. Prior to that, however, you should have it reviewed by a qualified divorce attorney. As a trained legal professional, an attorney can help you identify potential issues or loopholes and ensure that the agreement will withstand future challenges. He or she can also assist in making sure the terms of your settlement are conscionable—or reasonably fair—and are likely to meet the court’s requirements.

If you are considering divorce but would like to avoid costly and stressful litigation, contact an experienced Orland Park family law attorney. At Kezy & Associates, our team is committed to helping couples find solutions that offer both closure and peace of mind, while protecting each spouse’s rights throughout the process. Call 708-518-8200 to schedule your free consultation today.