Separation and divorce can be an emotional rollercoaster. Often, it can feel like an uphill battle to come to any sort of resolution. As a divorce is the process of legally ending a marriage, some documents do need to be filed with the court. However, it does not necessarily mean you have to appear before a judge and go through the whole process of separation in court.
In an ideal world, the separation process for couples would be a breeze, with both parties walking away as content as possible. Unfortunately, this is often not the case and the reality for many couples is that they need to confront divisive and emotional issues as they navigate the process. At d and h our experts in family law like to keep court as a last resort, so it may be reassuring to know there are a number of ways you can come to a resolution outside of court.
So, how can you settle a divorce or separation if you are struggling to speak directly with the other party?
Communicate Civilly Via Email
During the process of separation and divorce, it is recommended that all correspondence is kept factual and civil. While it is an emotional process, it may be easiest to communicate via email rather than face to face. An additional benefit to this method is that everything will be in writing so there is evidence on behalf of both parties regarding any agreements made.
While communicating via email, you and your ex-partner should concentrate on the practicality of the situation. How will you move forward and address practical issues? When you are not face to face, you are able to think clearly about your response rather than emotionally making decisions in the moment. Communicating via email also helps to avoid ‘point scoring’ which typically occurs in person when emotions run high.
Try Mediation
Enlisting the services of a third party may be beneficial and is often essential in the process of separation. There are a number of ways to obtain trained mediators who can assist both parties in finding common ground. Mediators will help you and your ex-partner come to a solution in a respectful and confidential environment.
Hire A Solicitor
It may be beneficial to use the services of a solicitor to negotiate on your behalf during the process of divorce and separation. Solicitors will assist in the negation of asset division and can help with arrangements regarding the residence of children and parental contact. They will be able to do this while redressing the balance should one party feel pressured in any way. While solicitors often aim to reach resolution in the most amicable way possible, they also assist with court actions relating to the end of the relationship if necessary
What Happens Next?
A legal expert will be able to guide you through the next steps. Should the above methods be inappropriate for your circumstances or fail to resolve the issues at hand, it may be time to go to court. If both parties cannot agree on divorce terms or legal fees, then a court will need to get involved. Naturally, court action is undoubtedly stressful, but an experienced solicitor will be able to guide you through the process in a respectful, sensitive and confidential manner.
At d and h, we deal with all aspects of Family Law in Scotland. We can advise on the legal aspects of the breakdown of any relationship including marriage, civil partnership and cohabitation. Contact our team today if you are looking for advice regarding the process of separation and divorce.