It is not unusual that a divorce happens by mutual agreement, and the parties only need the paperwork to be done and submitted to the Court. Sometimes the parties hire together one lawyer to do that and sometimes they even prepare the papers on their own. If there are no minor children, health and disability issues, no foreign assets or immovable property to partition, this is all quite feasible on your own, though at least one consultation with a lawyer is advisable.
But when it comes to a hostile divorce, the situation changes drastically.
What is a hostile divorce
From a legal point of view, hostile divorce is not one tainted by significant emotional animosity (though, such an animosity complicates things, of course), but rather a situation where the divorcing spouses cannot agree on major issues. Those issues are: child custody and support payments, spousal support, family patrimony partition and the rest of the family property. Sometimes the question of who would live in the family residence during the divorce proceedings is added to complicate things further. Also some allegations of violence and economic fault (dilapidation of family money because of gambling or drug addiction, for example) can come up.
Getting a lawyer in a situation of a hostile divorce is pretty much a must. Nuances of legal rules are not as evident as one might expect, and the question of “fair” often clouds one’s judgment. Dealing with those issues based on some common sense means to risk a in the face of very significant consequences.
Allen Madelin Lawyers work on daily basis family law legal issues, including child custody. First consultation is offered for $ 125. For details, please contact us by phone: 1 514 904 4017 or by email: [email protected].
