What happens next when an amicable divorce goes off the rails?

by | May 25, 2022 | Divorce

An amicable divorce may begin with you and your spouse agreeing on crucial issues, but what happens when things suddenly turn hostile?

While an uncontested divorce may save money and time, the final divorce agreement is as legally binding as one signed by a judge. If you and your spouse no longer see eye-to-eye on vital components of your divorce, it may be time to consider these other options.

Consider a collaborative divorce

If you and your spouse want to stay out of court but disagree on some aspects of your separation, a collaborative divorce is an option. This process allows both of you to hire your own legal and financial representatives to assist in negotiations toward reaching an acceptable arrangement. Each party signs a contract to stay out of court or forfeit the procedure. If negotiations are unsuccessful, both spouses must hire new representation and proceed to litigation.

File for divorce through the courts

At any point during divorce negotiations, if you disagree with the way the procedures go, you have the right to stop and file for divorce through the courts. You and your spouse must start over with new attorneys, spend time preparing for multiple court dates and could end up with a trial. A judge then decides any issues of dispute and finalizes the divorce judgment.

Knowing how to proceed when you and your spouse no longer agree on critical components of your divorce ensures you have the opportunity to do everything available to reach an acceptable arrangement.