Marriage is one of the most sacred bonds that unite two people who are fully committed to one another. Despite that,  and with life constantly changing and more responsibilities added, it can put a lot of stress on marriages as well as change the lives of both spouses. As differences start to build up, there has to be a time to realize that it’s not working and call it quits. Now, divorce can be a stressful and emotional process that takes up a lot of time and money, but there’s always a way to resolve the conflict. Here’s how you can legally settle a divorce while benefiting both sides.

Prepare the Paperwork

As soon as you and your spouse decide on separating, you need to get the necessary legal documents to make it official. You can get these forms from your local courthouse and ask for the paperwork specific to a settlement. The forms will require basic information regarding the marriage like its onset date, separation date, children’s information if applicable, the reason for the divorce, and current housing situation. You will fill this information together, then start talking about the terms. The rest of the agreement would contain the terms that both of you agreed on, both your signatures and would be legally binding to both parties.

Get Legal Advice

Many people think they can draft their own settlement terms without getting lawyers involved, but that’s never a smart choice. First of all, the terms need to be drafted in a way that coincides with the state laws, otherwise, it won’t be accepted by the court. Second, the legal experts at https://familyatty.com/divorce/ believe that each party needs a legal advisor working in their best interest and making sure the terms are fair to them. This kind of advice requires a divorce attorney with experience regarding the state’s laws and having dealt with various complex divorce cases.

Identify Assets and Debts

The first step in drafting a settlement agreement is analyzing the financial aspect of the divorce. You both should start making a list of assets that were required during the marriage and determine how to divide them. There are also usually shared debts in any marriage for the house, cars, or family vacations which also need to be listed and settled. Most couples choose to divide shared assets and debts equally while being solely responsible for those that are shared, yet used by one spouse. Another important thing to do as soon as you separate is close all joint accounts so the amount left as of the separation is divided equally. 

Agree on Spousal Maintenance

Spousal maintenance, also known as alimony, is a sum of money that is obligated to be paid by one spouse to another after a divorce either for a specific period or the remainder of the other party’s life. Alimony only ends if its recipient remarries or dies. There is not a specific way to calculate the amount paid as alimony, but the court does take into account several factors regarding the family situation and whether there are child support expenses. However, it is best for the parties involved to come to their own fair agreement on alimony either its amount, period or completely waiver their right to it, with the guidance of their attorney.

Custody and Child Support

Next comes the most important part of the divorce settlement in case there are children in the marriage; agreeing on custody and child support. In this aspect, you don’t want to only agree on terms that benefit both of you but also work in the children’s best interest financially and emotionally. The amount of child support is usually set by each state, but there are cases where it changes according to the family’s financial situation. As for custody, it’s always best for both parents to be equally involved in the child’s life for their own benefit unless one party deems the other as unfit to parent or sets conditions to be met for them to be involved as a parent.

At the end of the day, it is always in both parties’ interests to make the divorce as amicable as possible. Not only will you save time and money by reaching an agreement without going to court, but it’s also in the best interest of the children if there are any. There’s also the fact that going to court is very stressful and has an unpredictable result. When you work together to make your own terms, you ensure you get a fair settlement. The most important thing is to approach these negotiations with good faith and an open mind.