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Enjoy our article below on filing divorce to help you learn about your divorce and plan accordingly.
Tips on Filing for Divorce
Filing for a divorce can be quite stressful and emotional. It means that the once married couple is no longer able to get along and usually have made major life changes. These tend to include one or both parties moving out of the home and relocating to a new location. Other issues involve dividing assets and debts. The actual process of filing a divorce starts with a simple petition. This is filed by one of the parties and they are then referred to as the petitioner. Once the petition has been filed the respondent has to be served the papers. This is usually done by a sherrif or other law enforcement official. If both parties are amicably seperating the respondant may be willing to sign a waiver rather than being served papers.
Most states have a cooling off period, Texas, for example, has a 60 day waiting period before the divorce proceedings can move forward. The idea is this allows the parties to reconcile or at least calm down. Once the sixties days are up the case can proceed at any time. If lawyers have been hired this is when the case goes to court and each side begins arguements. If both parties agree on the division of the estate it becomes a no contest divorce and both parties must simply sign the final decree and go in front of the Judge. Once completed the paperwork is filed and the divorce is offical.
Examples of subsets of divorce-related objectives include: redesigning post marital relationships, setting up new households, drafting parenting plans, developing new processes for addressing post dissolution family objectives, setting up various estate and trust devices, and developing plans for re-entry into the workforce.Some counter-examples - otherwise present in intact family units, but not part of the divorcing process per se - would include: cleaning the house, paying the bills, cooking the meals, driving to and from work, earning a living, or pursuing a hobby. In short, anything of a purely diurnal, repetitive nature.Another definition of divorce: A
is a problem scheduled for solution.As this definition indicates, settling a
is problem-solving on a relatively large scale. One of the common causes of difficulty in settling divorces is that insufficient time is spent at the beginning of the engagement defining exactly what problems are to be solved by the divorce. This can lead to the unfortunate situation in which the right solutions have been developed, but for the wrong problems.Collaborative
Management is the planning, scheduling, and controlling of divorce-related activities, in order to collaboratively achieve
objectives.Collaborative
Management involves three major activities, which are aimed at achieving
objectives. These activities are called
Planning, Scheduling, and Control. The primary objectives - which exist in all divorces - can be listed as follows.In order to be optimal, a
must finally reach its conclusion:PLeaving the parties with durable solutions that will Perform in a manner likely to satisfy their needs;CWithin Cost or budgetary constraints;TOn Time;SWhile holding the Scope of the
constant, and while using resources efficiently and effectively.The first three of these are referred to as the P, C, and T aspects of Collaborative
Management. A simplistic way to address these aspects would be to refer to them as good, fast and cheap. (P= good; C= cheap; T= fast). The term scope refers to the magnitude of the
or related family engagement, as well as to certain other boundaries or constraints.For instance, suppose the
settlement engagement is initially priced or cost-estimated with the understanding that there will be no disputes involving child custody or parenting. Then suppose further
that one of the parties later announces that he or she is planning to relocate to the opposite coast, and is hoping to preserve his or her parenting relationship in so doing by whatever means - including bringing the children along - we say that this is a change in the scope of the settlement engagement, which will definitely result in a price increase.A very important point:You cannot tie down all four of these aspects simultaneously. If three of them are specified, the fourth must be allowed to vary.Mathematically, this can be illustrated with a general equation as follows:C = f(P, T, S)In other words, the equation says, Cost is a function of Performance, Time, and Scope. Generally speaking, the Cost of the will increase as, P, T, and S increase http://www.divorcenewjersey.com/setting_the_scene.html except in the case where the parties are insistent - for whatever reason - upon bringing the to its conclusion much earlier then the difficulty and magnitude of the issues would normally dictate.In spite of the fact that the four variables are interdependent, many divorcing parties try to dictate all of them at once - then start to wonder why they cannot be met. One of the most common problems is for the scope of the to increase as time passes. Divorcing parties often begin to think of things that did not initially occur to them, once the
has gotten underway. More often than not, the divorcing parties fail to invest enough time and effort at the beginning of the divorce, in order to properly define the problems sought to be solved at the conclusion of the divorce.Unfortunately, the scope tends to increase in small increments - rather than large ones - making such changes a bit innocuous.
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