After the Divorce is Filed/Martin Rosenfeld

Posted on May 13, 2013


An article on divorce with some fresh perspectives was posted at by Atty. Rachel Virk, entitled:”I’m Heading for Divorce:How Do I Start?”. Not all the discussions center around the theme of beginning the divorce process. Many interesting tips discuss what happens post-filing. Here are some of the insights offered in this helpful article:

1. Not all couples who get divorced feel they have to hate each other. One alternative to the enmity often sparked by divorce proceedings is the mediation process.

2. Any agreement that will be drafted is part of a public record. Even though e.g. mediation is a great boon in keeping divorce matters confidential, the fact remains that a public divorce record is indeed public, except for extenuating circumstances that are rarely met.

3. A couple can sign an agreement and then ultimately agree to new terms without much fanfare. It would be a good idea to file the new understanding with the Court, but in many cases, where good will exists, that is not done. Of course, if the new agreement is subject to dispute, then …

4. If one’s spouse has an attorney and you do not, it is quite likely that the attorney will present an agreement (if one is reached) to the unrepresented spouse. There is no reason why a person should sign such an agreement without the aid of an attorney. Even if things seem to be well-understood, an insightful attorney may be able to foresee potential pitfalls, poorly negotiated terms, one-sided agreements, etc. Your spouse’s attorney has a job; to protect her client. She is not there to protect your interests. Retain your own counsel.

The above-cited article is quite readable and quite thorough. It is worth your perusal if you are in a process leading to divorce.