When divorce is on the horizon, take some time to plan and create a path to follow before you file. You are making the decision to dissolve your marriage, so you probably understand that this is a life-changing choice and will not be an easy path to navigate. Although it will be an emotional experience, you will need to be able to think logically as you move through the process, and thinking through each step beforehand is important.
If you’ve reached the step where you’ve made the decision to file, you are probably sure of yourself. However, because divorce is an emotional process, you need to be able to step back and be just as certain when you are thinking logically. Make sure you’ve exhausted all possibilities for reconciliation, because once the papers are filed, going back is difficult.
It’s always a good idea to interview more than one attorney before you decide to file for divorce. You need to find an attorney who fits your style, understands your goals, and will listen to the unique details of your situation. Attorneys can have a wide range of price points, and it’s important you hire one who fits your budget. If your divorce is going to be more complicated, find an attorney with the right kind of experience. Finally, finding an attorney you can trust who is attentive and responsive is crucial. You will need to be extremely open with your attorney, and if you don’t trust them, it will be a problem.
You will need a lot of financial documents throughout the divorce process. Loan paperwork, bank statements, mortgages, credit reports, and savings accounts are all things that will need to be available during the divorce process. Gather everything you can before filing, and make sure to make copies, especially if you and your spouse share files. If you have online records with shared access, make sure to obtain hard copy records as well. Understand the broad picture of both your debts and your assets.
If you have children, this is probably one of the first things you will think about. Except for the most extreme circumstances, you and your spouse will most likely share custody. Look at all the aspects of what this will entail, such as your children’s school and activity schedules, your work schedule, your spouse’s work schedule, and any other obligations. Before you file, try to work out a situation that will give you and your spouse time with the children that is the least disruptive for them.
Are you moving out? Is your spouse moving out? Where? Are you able to support two households during the proceedings? Will you stay in the same house during the process? Can you handle that? These are all important questions and ones that you need to figure out before filing the papers. Sometimes moving out of your marital home can hurt your chances of being awarded the home during the divorce. Talk to your attorney about your goals, and let them advise you on the best choice.
Once you’ve filed and gotten the legal ball rolling, most judges will automatically issue an order that will prohibit you and your spouse from selling or buying any marital property. This is to prevent either spouse from draining bank accounts or selling any assets out of spite. While you shouldn’t do any of this before filing either (it will most likely come back to bite you during the legal proceedings), if you have any purchases or sales to complete before filing, such as replacing a car or getting rid of a second property, it is smart to do so before filing.
You need people around you who will help you get through this. Friends, family, and therapists can help you navigate the emotional part of the process. When you have people to lean on, the process is much easier.
The decision to file for divorce is a hard one. Knowing that you’ve done all you can to think about the path ahead of you will make navigating the process much more manageable. Once you’ve made the decision, finding the right attorney to guide you through the steps is the most important thing you can do. If you’re thinking about filing for divorce, or you already have and you’re looking for an experienced local family law attorney you can trust, contact my office today.