Beware of DIY Marital Settlement Agreements
The day your divorce becomes final is usually not the day that your enmity toward your ex-spouse peaks. Some couples spend years antagonizing each other, and once they can both voice the fact that they no longer want to be married to each other, the road to being co-parents, friends, or whatever the next stage in their relationship begins. For some, dividing property and parenting time seems simple, but it is only once they start getting used to being single again that they start to resent their ex for controlling them and undermining their confidence for so many years. If you were not the one who decided to divorce, then you might spend the pendency of your divorce feeling heartbroken and clinging to the fading hope that you and your spouse will reconcile; you might not feel angry until later. Of course, unresolved legal issues are another cause of anger and stress. Unlike the other scenarios, these are preventable. There are no clauses of a marital settlement agreement (MSA) that can change the fact that it was your spouse who dumped you, or that you should have divorced years earlier, but the text of your MSA can and should include a framework for resolving future unforeseeable conflicts. For help negotiating and drafting an MSA that is free of ambiguities and loopholes that will lead to future litigation, contact a Boca Raton divorce lawyer.
A Cute Divorce Could Lead to Ugly Post-Divorce Litigation
Divorce lawyers often tell clients who disagree with their spouses about everything and see their spouses as a source of financial ruin that the best way to have an inexpensive divorce is to avoid going to trial. When lawyers say this, they mean that it is worthwhile to spend time in family court mediation, ironing out all the details of MSAs and parenting plans, even when this means having uncomfortable conversations. These are among the things that you should spend time discussing before you submit your MSA and parenting plan to the court to sign them into legally enforceable court orders, even if these matters are unlikely or far in the future:
- What happens if the spouse who is keeping the marital home cannot find a mortgage refinance loan within a year of the divorce becoming final?
- Who must pay for children’s orthodontic treatments? Who must pay for a second opinion if one parent believes that the treatment the orthodontist recommends is too expensive?
- What counts as a supportive relationship that would cause the spouse who receives alimony to become ineligible to receive further alimony payments?
Yes, the people who have years-long divorce battles that break the bank are the ones who were wealthy to begin with, but practical people who choose inexpensive divorces can unwittingly set themselves up for expensive post-divorce litigation.
Contact Schwartz | White About Preventing Post-Divorce Litigation
A South Florida family law attorney can help you draft an airtight MSA so you do not have to face your ex-spouse in court again after your divorce becomes final. Contact Schwartz | White in Boca Raton, Florida about your case.
Source:
eveningsun.com/press-release/story/76373/miami-family-law-firm-warns-poorly-drafted-divorce-agreements-are-fueling-costly-future-litigation/
