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How you can protect yourself during divorce proceedings - II

In our previous post, our blog discussed how the decision to divorce should typically be made with the utmost deliberation and analysis, as those who follow this path typically fare better in most aspects of a divorce than those who act both immediately and impulsively.

We also discussed whether there were certain steps that people giving their divorce careful deliberation and thoughtful analysis could take to protect themselves immediately before or after filing for divorce.

To that end, we examined a very interesting column penned by experienced attorney and author Margaret Klaw that talks about three simple steps that people can take to protect themselves during a divorce.

In today's post, we'll continue exploring these steps ...

If possible, try to adopt a non-adversarial approach to the divorce: According to Claw, many soon-to-be split couples start with the best intentions concerning their divorce, vowing to keep things as amicable as possible only to see this vow fall by the wayside as discussions heat up.

Whenever possible, she urges couples to honor their initial intentions and try hard to pursue a divorce alternative like mediation. For those unfamiliar with mediation, it is essentially where the former spouses agree to come together -- either with or without attorneys -- at a neutral location to address such important issues as child support, spousal maintenance, child custody and property division. Here, the mediation session is run by a neutral third party mediator who helps the parties maintain a productive dialogue and work together to reach mutually acceptable solutions.

Divorce alternatives like mediation or collaborative divorce, she argues, can save couples time and money, give them final say over important matters and, perhaps most significantly, help them preserve an amicable relationship going forward,

Make sure you have a strong support team in place: When it comes to assembling a support team during a divorce, Claw argues that the first person most people will want to add to their roster is an attorney.

While Claw has no issues with this, she does indicate that a spouse shouldn't necessarily feel obligated to select an attorney whom they feel is the most aggressive. Rather, she insists that a spouse would likely benefit the most from working with an experienced and multi-faceted attorney who is capable of being aggressive when the circumstances dictate such an approach, but who is also equally capable of adopting a more diplomatic and calm posture.

Claw also argues that while spouses may need to fill out their roster spots with everyone from accountants and financial planners to child psychologists, they should also actively consider adding those people who can help them weather the emotional storm of divorce. This can include everyone from a therapist and trainer to a yoga instructor and even a masseuse.

If you would like to learn more about divorce, property division, spousal maintenance, child custody or other family law issues here in Texas, consider speaking with a dedicated and determined legal professional.

Source: The Wall Street Journal, "Three ways to protect yourself in a divorce," Margaret Klaw, Jan. 29, 2014

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