Many couples find that a divorce need not be a long, drawn out affair if both agree the marriage is over and it is time to put the relationship legally to rest. A quick and non-acrimonious divorce can be a great idea for save money and time. They are not the perfect ending for every failed marriage, however, but there are some guidelines that can help determine whether a marriage can and should be dissolved quickly.
Good Scenarios For A Quickie Divorce
When both parties are in agreement that divorce is the only answer and want to get on with their lives as quickly as possible the first hurdle is passed. If the spouses have agreed on issues like how to divide property and debt with little or no trouble there is little reason to involve attorneys and decision makers to come to a different result.
If there are no minor children and each spouse is planning on taking on their own support and is likely to be able to accomplish that, a quick dissolution of the relationship can be a good approach. Remember that a hearing officer, referee or other official will be passing on the details of the divorce and will be on the lookout for agreements that do not look equitable.
Other Good Reasons To Move Toward A Non-Contested Dissolution
When both sides are sure they want the marriage to be over and are relatively amicable about the details waiting is probably counterproductive. If spouses are able to discuss financial and property decisions calmly and rationally it actually makes a lot of sense to just get it done. Spouses are well advised to have as many details worked out ahead of time as possible, preferably in writing.
Once others weigh in, whether they are friends, family members or divorce attorneys, dissension can grow and the spouses may begin to bicker about things that may not really matter. Divorce can be painful but it also can be civilized if unnecessary fighting is kept to a bare minimum. Keeping your eyes on the prize, which is to end the marriage on as positive a note as possible, is often best done with all deliberate speed.
Bad Scenarios For A Quickie Divorce
If the marriage is one where the power is unequal choosing a fast, uncontested divorce may be unadvised. Whether the inequality is centered around property or earning power or is the result of one partner threatening or even abusing the other, it will be key to sort these issues out for the security and safety of both spouses. In these cases both parties are best advised to have their own attorneys advising and representing them.
Even if the power is somewhat equal a quick divorce is also not a good plan if the spouses are unable to speak to each other about the terms of the divorce. If emotions are running high it makes more sense to wait until things have cooled down and both partners can talk about the issues essential to settling the dissolution with open minds.
Taking advantage of a spouse who is ignorant of legal protections through a quick divorce is always possible so if you are truly unaware of how divorce works it is sensible to resist a fast resolution. If there are children involved different jurisdictions are going to have safeguards in place for the children which may make a fast divorce unlikely to be granted without the offspring’s needs being managed in a more deliberate manner.
Someone Needs Representation
Although there are ways to represent yourself in any legal proceeding chances are good that a lawyer will need to be consulted and retained even in a quick and friendly divorce. Know that the attorney can only represent one party which can put the other party into an unequal position.
Quick Can Work Well If Caution Is Used
The bottom line is to weigh the options and then choose whether to expose yourself to the potential risks of a quickie divorce. If both parties feel comfortable and are communicating well, it is likely that their common sense approach to dissolving their marriage will result in something very like what months of motions and thousands of dollars would also have accomplished. Kudos to them and good luck on their new lives going forward.