Monday, September 23, 2013

Divorce --Playing Nice Does Not Always Work


Playing Nice Does Not Always Work

Your divorce can cost you a lot of money and time if you are not careful.  Remember that a divorce is filing a lawsuit and then pursuing it to the end, which may mean going to trial if you and your spouse cannot agree.  Going to trial means leaving it up to the judge to decide what he/she thinks is best for you and your children if you have them.  The uncertainty can be unsettling. 

There are situations where your spouse or even you may not want to finalize the divorce process for whatever reason.  Usually this occurs when one of you is happy with the status quo.  Your spouse has sole custody and you are paying child support so why would they be in a hurry?  This is especially true when the court has entered temporary orders setting these types of things until the judge makes the final determination at trial. 

When your spouse does not want to change the status quo, you can be left with a battle to get the status quo changed.  True the court rules do try and move things along, but they offer minimal protection to the party who is not satisfied with the status quo.  That is when you have to start finding ways to get the court to change the status quo.  If you sit back and do nothing, it will cost you move in the long run and your divorce may never actually happen.  That can be frustrating. 

You can always consider pushing the mediation date forward by filing a motion to order the parties into mediation.  You can, if your situation warrants it, ask the court to modify the temporary orders.  You can also send out your document requests and supply your documents as soon as possible.  There sometimes is an advantage to no sitting back and playing nice. 

If you have any questions, please contact Attorney Drew at www.attorneydrew.com or andrew@gillilandlaw.com.


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