April 2009 - Posts
Controlled separation is a trendy approach to dealing with divorce in a less confrontational way. It's popularity has skyrocketed in the last few years. In a controlled separation you and your spouse will work with a counselor or mediator to arrange separation agreements and work to see if there is a resolution to your marriage as a final step before divorce proceedings continue.
By having a controlled separation you and your spouse can live separately and make negotiations for a marital solution. This is a very good thing to try. Sometimes a third unbiased party like a mediator or counselor can recognize problematic areas and possibly find a way to save your marriage. If the spouses are separated sometimes problems are easier to identify and possibly rectify.
In a controlled separation there will always be certain guidelines to follow based upon each couple's issues that they have in their marriage. Here are some ideas for planning your controlled separation.
Someone leaves the household. It is key to work on your problems without constantly arguing with your spouse. If one spouse leaves there will be more fresh air between you to make proper decisions.
Separation time limit. It is a good idea to have a goal as to when you will come to a resolution. Setting a timeline may help you work toward your goals in a more organized manner.
No attorney involvement. You and your spouse should agree to not involve an actual divorce until you have given controlled separation a fair shot and are willing to say that you did give this all you could.
Financial Support. You and your spouse should agree what is a fair way to make sure your spouse is okay financially.
Children's Involvement. Your children should not be neglected in any way. Make a visitation plan and possibly a family outing.
Intimate Relations. Determine whether continuing a sexual relationship will be wise for you at this difficult time.
Ending the Controlled Separation. Decide whether one spouse can end the controlled separation or whether both spouses must agree that it should end.
These guidelines will allow you to approach your issues in a positive and respectful manner. Everyone will be more cool calm and collected. Good luck to you !
When filing a law suit of any kind, including divorce, you must tell the other party they have been sued. The West Virginia court can not take any action until your spouse has been served divorce papers. You will also need proof in court of the delivery of your divorce papers. The legal term for serving divorce papers is “service of process”.
There are many ways to go about serving divorce papers. There are ways to serve your souse divorce papers with and without proof that the divorce papers have been served. It is in your best interest to have proof that your divorce papers have been served when you get to court. The court wants to know that everyone has had the opportunity to come to court and state their case.
You may not serve your spouse your divorce papers. Usually someone other than the spouse that is being served may serve the divorce petition. You can choose from the following methods of service :
~ Personal service
~ Certified mail
~ Service by publication, in a local newspaper for example
~ Service by Secretary of State
~ Waiver of service
Choose the right method of serving your divorce petition that best suits you. Bring your proof of serving your divorce papers to court with you so there are no surprises. Prepare your case in the best way you possibly can to better your divorce case in court.
Normally an uncontested divorce is quicker and cheaper than a contested divorce. The law usually allows both parties to define their own futures when both parties agree to the terms of a divorce. The end result of an uncontested divorce is that the spouses are not forced to live by a decision given to them by a West Virginia Judge.
The uncontested divorce is very beneficial when children are involved in the divorce. After and uncontested divorce, relationships are more civil. As a result, parents are able to raise their children together after the divorce much more peacefully.
There is for more confidentiality in an uncontested divorce. In a contested divorce, both parties must discuss all financial aspects before the divorce court. Many private details about you may be revealed in a contested divorce. In the case of an uncontested divorce, all of your information is private and not aired.
Uncontested divorce are more helpful to spouses who agree to disagree and can be civil to one another. This is usually not a marriage where violence or adultery has occurred.
An uncontested divorce may be the more peaceful route for some couples going through a divorce. Talk to your spouse and see if this will work in your divorce case.