When Taking The Slow Route Is Better With A Divorce
Getting divorced in a hurry is not wise, but even couples that are in no hurry might want to slow things down even more. Read on to find out what would make a couple take the slow route and how to do so the right way.
What the Law Says
Fortunately, there are no laws forcing a couple to divorce within a certain amount of time once they make the decision or begin to live separately. Some couples remain separated but married for years and years. Taking a little extra time to get things settled could pay off for many. The couple has time to discuss important issues like child custody and financial affairs and make better decisions without having to involve the courts. Here are a few other good reasons for taking the slow route to divorce:
- One party is ill. When one person is seriously ill, staying married could be the best solution, at least temporarily.
- Religious restraints. Not all religions are okay with divorce, and some don't allow divorced people to fully participate in important practices.
- Saving the marriage. Counseling can take months to accomplish with the goal of putting things off indefinitely.
- Money matters. When a couple is about to also file bankruptcy, staying married has advantages. Some states allow married couples to file jointly and provide them with double the personal exemptions if they do so. That means they can retain more property if they file Chapter 7. Also along those lines is paying off as much joint debt as possible,
- Contentious partings. Complex situations with custody or financial issues might cause a divorce to drag on for many months—if not years.
How to Handle Divorce Delays
You will need to protect your rights during the separation regardless of the reason for it. That means speaking to divorce attorney services about creating a legal separation agreement. These agreements address issues like child custody, visitation, child support, debt, property rights, and more. Speak to your lawyer about having the agreement drawn up to present to the family court judge for approval. Once done, orders will instruct you and your spouse about how things should go during the separation stage, no matter how long that might last. For example, an agreement might specify who has use of the family home, who pays what bills and how much, if any, spousal support must be paid, and more. These orders are temporary but are in effect until the judge says so or the divorce is final.
Speak to a family law attorney to find out more.