Posts

Denial is Not Your Friend in Divorce

denialSometimes our reaction to difficult or painful situations is to try to ignore them, subconsciously hoping they will go away. Denial is not an uncommon reaction to divorce, but it is a reaction that will cause you problems.

If you and your spouse are having marital problems, closing your eyes and hoping they will go away is not the best course of action. You should either get help to try to resolve them, or be realistic about the future of your marriage. If divorce is where things are headed, the sooner you can get legal advice, the better off you will be. Your attorney can make recommendations about financial issues as well as living arrangements and your relationship with your children that can change the outcome of your case.

If your spouse has already filed for divorce and you’ve been served with papers, ignoring them is not a solution. Once you are served with divorce papers, you have a limited amount of time in which to respond to them. If you fail to timely respond, the case may proceed without you, as an uncontested divorce. This means the judge will only hear your spouse’s side of things and will only be asked for what your spouse wants when it comes to spousal support, custody, child support, and property division. It is essential that you have a chance to tell the court what you want and need and what you think is fair. The only way to do this is to respond to the papers and legally appear in the divorce.

If you’ve been served with divorce papers, call the Sampair Group. We regularly represent clients in Mesa, Glendale, and Phoenix in divorce and family law cases and are here to help you.

Dangers of Agreeing to an Uncontested Divorce

Glendale Divorce LawyerIf you and your spouse think you are in agreement about many parts of your divorce, an uncontested divorce might sound like a quick and easy solution. In this situation, only one spouse gets an attorney. That attorney creates documents and files them with the court. Only the spouse with an attorney appears in court.  The divorce is processed quickly.

In reality, an uncontested divorce can be very problematic. If you are the unrepresented party, you make decisions with no legal advice. No one reviews the divorce papers to be sure you are treated fairly and get everything you are entitled to. There can be some serious issues with uncontested divorces.

  • Changes to your agreement. It may not be done intentionally, but it is likely that the documents the attorney prepares will be different from what you and your spouse agreed on.  When your agreement is translated into legal terms, adjustments are made. It is essential that you have an attorney representing you who can read and review the documents on your behalf.
  • Lack of information. When a divorce moves forward through the contested divorce legal process, both parties are required to provide discovery. This means that everyone has to completely disclose all of their financial information to the court and to each other. If you get divorced without having the opportunity for discovery it is possible your spouse could hide assets from you – assets that you may be entitled to a portion of. For your own peace of mine, you need an attorney who can make sure there is complete disclosure.
  • Impulsive or coerced decision. It’s very common for people to quickly sign divorce documents or to agree to an uncontested procedure without careful review. Sometimes the other spouse is pushing for a fast resolution, other times the process feels overwhelming and so painful that you just want it to end. The better choice is to take some time to be sure that your divorce is truly fair and have an attorney protect your interests.

Call the Sampair Group for representation in your divorce in Phoenix, Glendale or Mesa, Arizona. Our skilled attorneys are ready to be your advocate.