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Can I Write My Own Divorce Settlement?

Can I Write My Own Divorce Settlement

In many situations, divorcing couples can reach agreements outside of court and resolve their issues without much need for mediation.

The answer to the question, can I write my own divorce settlement is yes, of course you can.  The problem is that if you do, you might forget something.  Or you may word it in such a way that has a different legal meaning than a common meaning.  Also, the court may reject it because its not done the way the court wants to see it done.  For this and many other reasons, you shouldn’t ever do it.

You do have the legal ability to write your own divorce settlement, but it is almost never advisable to do so. Many issues related to your divorce require a high level of knowledge about the practice area, which only an experienced family law attorney will have. Even if you do not retain an attorney for the entire divorce process, you should at the very least work with a lawyer to draft your divorce settlement agreement.

The forms you need to fill out

There are many divorce settlement forms you can find online, some of which will be adequate for your case, others of which will not. An attorney will be best positioned to determine which forms you need to fill out and what you need to include in them.

Settlement preparation

Before you begin the process of negotiating a settlement with your spouse, you need to be fully armed with all the pertinent facts surrounding your divorce, including a full list of assets and values, income and debt information and anything else that is financially relevant.

You will be much better prepared for the settlement process if you work with an attorney who has experience in handling divorce negotiations. The attorney will know exactly what information you need to gather, what types of initial offers are reasonable and how much you should be willing to compromise or negotiate from that initial offer. Without the assistance of an attorney, you risk ending up with a bad deal.

Written agreements

Once the time comes to write your settlement agreement, you could end up leaving legal loopholes in the document if you do not have the expertise needed to create a thorough agreement. Attorneys are highly skilled in creating these written agreements that capture all the most important details and do not leave anything up for debate.

Getting Through the Holidays as a Divorced Parent

Getting through the holidays as a divorced parent with children can be a struggle. However, if you can find the right balance in everything you do, this time of the year does not need to be so stressful. Below are a few tips to help you through the holidays:

  • Prepare for the challenge: Accept that it may be difficult to deal with the challenges of the holiday season, especially if you’ll be without your children for a few days. Getting yourself emotionally prepared ahead of time can help you stay collected when the holidays arrive.
  • Acknowledge your kids’ feelings: You are not the only one who is dealing with the emotional challenges of dividing time over the holidays. Your children are likely to have complicated emotions, as well. Have conversations with them ahead of time so they know what to expect over the holidays. Honestly answer any questions they have.
  • Be flexible: When dealing with the other parent, put your emotions aside as much as possible to find timesharing agreements that work for the two of you and are in the best interests of your kids.
  • Budget: You and the other parent should agree on a budget for holiday spending. Getting into a situation in which you are each trying to “outdo” the other in terms of gifts is unfair — especially to the children.
  • Establish new traditions: Although you can attempt to maintain old traditions as much as possible, it can be a lot of fun to find new ways to celebrate that will stand the test of time.

Free Consultation with Divorce Lawyer in Utah

If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will fight for you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506