Legal Aid: A Blog About Laws And Legal Processes

How to handle a divorce that is being settled in court

22 April 2016

Renee Bates

A divorce is a stressful and complicated procedure for all parties involved. It gets even worse when the spouses can't get along, and the divorce needs to be taken to court in order to be sorted out. If this has happened to you, the most important thing to remember is that you're in a legal process, and you need to act in a way that makes you come out with as many advantages as possible from the situation. In order to do that, there are a few things you should think about.

Keep your children out of it

The first thing you need to think about is your children. Make sure that they are as unaware as possible about what's going on. Don't talk about what has happened in court, and don't badmouth your spouse in front of them. The situation is hard enough on them anyway, and being a part of you and your spouse's argument won't benefit them emotionally. It's also preferable as a judge most likely won't be impressed with you dragging your children into the conflict, and that can decrease you chances of getting a custody plan that you want. Tell them about the divorce and be there for them if they want to talk, but don't engage them in the details of your divorce.

Write and speak with caution

Be careful what you tell people in general. Remember that everything you say to anyone can end up in court and be used against you. If you need to air your discontent, do that with a trusted friend or family member, not with people you don't know very well. You should take particular care with what you write down. It doesn't matter if you write it on social media or in a letter; your spouse's lawyer can be able to use it to get more favours for their client.

Be careful when agreeing

You should also be careful to what you agree to, even if it seems to benefit you. If you and your spouse are living in a house that your spouse is responsible is in charge of paying the payments on the house, you shouldn't agree to take the house in the divorce. The bank can take the house from you with the motivation that there isn't anyone to pay the running costs anymore. Make sure you get the payments written over in your name before a decision is made that you get the house in the divorce settlement. You can also insist that the house is sold instead. 

For assistance, talk to a lawyer like Marino Law.

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