Tips to Minimize Divorce Conflict

Admin • June 28, 2021

Couple having an advise — Springfield, TN — The Law Office of Joe R. “Jay” Johnson, II

Divorce conflict can lengthen your divorce process, increase your divorce expenses, and create longlasting animosity between you and your ex-spouse. However, you can often avoid conflict if you proactively set out to avoid it. Below are some practical measures to minimize divorce conflict.

Understand the Uniqueness of Divorces

Divorces take different routes, and each one is unique. Don't expect your divorce to resemble a friend's or colleagues. Maybe the divorced couples you know focused more on winning than conflict avoidance, but you should aim for an amicable divorce. Even if you have firsthand divorce experience, don't expect your subsequent experience to be the same.

Try Alternatives to Litigation

Litigation is more likely to fan conflict than alternative forms of divorce. Instead, try alternative forms of divorce, such as:

Mediation, which is where a professional mediator guides your negotiations so that you can reach an amicable agreement.
A collaboration where each of you retains an attorney, but you agree (written agreement) to avoid litigation - you must hire new attorneys if you opt for litigation.
Arbitration, which is where a legal professional (such as a retired judge) listens to your submissions and issues a ruling.

Even if litigation is inevitable, you should settle as many issues as possible outside the courtroom.

Focus on Fairness

Unfairness is a common cause of conflict in divorce. For example, your spouse might be bitter and start retaliatory tactics if they feel that you will leave the marriage in a better financial position than them. The divorce settlement should be fair in terms of:

Child support
Child custody and visitation
Spousal support
Debt division
Asset division

Note that fairness doesn't always mean equality. For example, an ill spouse with limited income opportunities deserves a more generous settlement than a healthier spouse.

The best way to practice fairness is to:

Consider your respective incomes
Consider the marriage length
Consider your respective ages
Be utterly honest

Don't forget that the court will also practice equitable distribution if your marriage ends up in court.

Seek Relevant Professional Help

A divorce can be complicated if you don't know what to do. The complications can frustrate you, and you might end up taking out your frustrations on your partner.

To prevent this downslide, consult with relevant professionals to help you simplify the process. For example, you may need:

A tax attorney to help you understand the tax implications of your decisions, such as selling a marital business and dividing the proceeds
A therapist to help you with your mental health
A financial professional, such as an accountant, to help you figure out your finances

Your attorney will advise you on the professionals you need depending on your circumstances. The attorney may also refer you to dependable professionals with whom they have worked before.

Understand Divorce Law

Divorce law varies by state. Educate yourself on Tennessee divorce law so that you can:

Prepare for the negotiations
Anticipate prospective problems
Manage your expectations
Avoid illegalities

For example, Tennessee uses the Income Shares Model to determine child support. The formula considers your respective gross incomes plus the number of children you have. If child support is an aspect of your divorce, you'll need to understand how the formula works so that you can make informed decisions during negotiations.

Practice Self-care

Take care of yourself during the divorce process. Mind your physical and mental health. Specifically, you should:

Eat healthy foods and don't skip meals.
Get adequate sleep.
Continue to mind your finances.
Don't rely on alcohol or drugs to drown your sorrows.

Self-care will lift your mood, keep your mind sharp, and help you make rational decisions.

An experienced divorce lawyer can help you minimize divorce conflict. The Law Office of Joe R. "Jay" Johnson, II, has been practicing family law for decades. Contact us for a consultation to determine the best approach for your divorce.

< Older Post Newer Post >

Divorce contract on table — Springfield, TN — The Law Office of Joe R. “Jay” Johnson, II

Can You Seek Help Through Civil Litigation? 6 Common Cases

By Admin • June 28, 2021

Need to address a wrong another party committed toward you? Use the legal tool of civil litigation. Know about six common types of civil lawsuits.

Filing for Divorce in Tennessee

By Admin • June 28, 2021

State laws govern divorce processes, and some vary by state. Ensure you know everything you need to know about filing for divorce in Tennessee.

Bankruptcy Chapters — Springfield, TN — The Law Office of Joe R. “Jay” Johnson, II

What Do the Chapters in Bankruptcy Mean? A Guide

By Admin • June 28, 2021

To help you navigate bankruptcy in the most successful way possible, read a short guide to the idea of bankruptcy chapters and what they mean for you.

Mallet of the Judge — Springfield, TN — The Law Office of Joe R. “Jay” Johnson, II

Why the Court Might Order for Supervised Visitation

By Admin • June 28, 2021

Courts sometimes call for child visitation to occur under the supervision of another adult. Read our blog to learn about some common reasons.

Woman removing a ring — Springfield, TN — The Law Office of Joe R. “Jay” Johnson, II

Do You Really Want a Contested Divorce? What You Should Know

By Admin • June 28, 2021

If you think a contested divorce is the right option for your marriage, read our blog to learn about some things you should consider.

Calculator and eye glasses on table — Springfield, TN — The Law Office of Joe R. “Jay” Johnson, II

Bankruptcy Can Help Reorganize or Liquidate Your Small Business

By Admin • June 28, 2021

If you run a small business with significant financial struggles, you may contemplate bankruptcy. Read this blog to learn about your options.

Couple facing bankruptcy — Springfield, TN — The Law Office of Joe R. “Jay” Johnson, II

How Will Bankruptcy Affect You?

By Admin • June 28, 2021

Many Americans struggle with debt, and while some minor debt can be easily repaid, a high debt-to-income ratio makes it hard to keep up on your bills. Bankruptcy is a process that allows you to discharge nearly all unsecured debt such as medical bills, car loans, home loans, personal loans, credit cards, and lines of credit. If you think you may need to file for bankruptcy, but you are scared, check out how it will affect your credit score and report, as well as your potential for new loans. It Will Cause Your Credit Score to Drop Your credit score is based on many factors, but one of the most important is payment history. In fact, payment history makes up 35 percent appears to be an empty link with target https://www.experian.com/blogs/ask-experian/credit-education/scorebasics/what-affects-your-credit-scores/ of your FICO® score. Lenders care about your payment history because it shows them if you are likely to miss payments or pay bills late. If they determine you are too high of a risk, they won't lend, or they will give you a huge interest rate. When you file for Chapter 7 bankruptcy, the process is relatively fast, but it's not immediate, and while you file bankruptcy, your attorney will advise you to stop paying the bills. This can cause your credit score to drop a few points or a few hundred points. Once you are out of bankruptcy, you can begin improving your credit score again. If you qualify for Chapter 13 repayment bankruptcy, your attorney will still instruct you to stop paying bills. However, Chapter 13 bankruptcy takes years because you must repay some of the money. For this reason, you can work on boosting your credit score before your bankruptcy has been discharged. It Remains on Your Report for Years Bankruptcy remains on your credit report for years so lenders can see that you may be a high risk. If you file Chapter 7 bankruptcy, it stays on your report for 10 years, but Chapter 13 bankruptcy only remains on your report for 7 years. Plus, lenders may be more inclined to lend to someone who recently filed Chapter 13 because they did repay some of the loan. Even if you have a bankruptcy on your credit report, you can find lenders who will trust you. The problem is that they will usually include a high interest rate to offset the high risk of lending to you. If your credit score is still high, despite the bankruptcy, they may be more inclined to give you a lower interest rate. Even though Chapter 7 can remain on your report for 10 years, the more time that passes, the easier you can get loans at fair interest rates. During this time, however, make sure to work on your credit score and pay all bills on time. This will help counteract the negative bankruptcy, making it easier to get better loan terms. It Can Prohibit You From Taking Out New Loans While not a good idea, you have the right to start racking up debt again once you are out of bankruptcy. Chapter 13 bankruptcy, however, can last three or five years. That's a long time, and during those years, you may have sudden expenses, such as the need for a new car or some home repairs. Unfortunately, taking out loans during your repayment plan can cause major problems, especially if you neglect to tell your attorney. It may also impact your repayment plan since the repayment plan depends on how much you can actually pay without financial constraint. If you suddenly have extra debt, you may not be able to repay your debt. You may think you can just save money for a few years, but while in Chapter 13 bankruptcy, you are not supposed to have too much cash. If the courts find out you have a large amount of cash, they will most likely force you to use it to repay some of the debt. Don't be ashamed to consider bankruptcy. It can be what you need to finally get out of debt. For more information about bankruptcy, contact us at The Law Office of Joe R Johnson, II.