7 Things You Need to Consider When Getting a Divorce
We have been led to believe that marriage always entails a happy ending for the couple involved. However, the reality is a lot different; stress and frequent arguments can wreak havoc on any marriage. So, if you have recently decided that you want to get a divorce, a million little details might be plaguing you right now. Fortunately, you do not have to worry because we have got you covered. Read on to know more about the top 7 things you should keep in mind when considering getting a divorce.
Broaching the Subject
Although you may not be satisfied with your marital life, your partner might be oblivious to all the problems you have been facing. This is why it is never a good idea to just serve your partner with divorce papers without talking about it first. Do not let your emotions get the best of you and try to cite solid reasons as to why you want to get a divorce. This approach will make the process all smooth sailing, as you will not seem antagonistic. However, it may not be the best way of broaching the subject if your partner is mentally or physically abusive. If this is the case, you need to get out of your shared house and take your kids, if you have any, with you. Then, you can enlist the help of an attorney or a mediator to break the news.
Hiring an Attorney
Divorces can definitely be messy, and you may find that you are unable to handle all the legal details on your own. For this reason, many people enlist the help of professional attorneys when filing for a divorce. You just need to hire an attorney that is knowledgeable about the laws of your state. For example, if you live in Naperville, it is best to hire an Illinois-based lawyer. Based on the information shared by seasoned lawyers on this website, some cases entail high conflict, shared debts, and complex asset division. Most attorneys can also help you finalize your divorce a lot faster, sparing you the legal complexities and allowing you to focus on other more important things like your mental health.
In most cases, ex-partners share the custody of their children, so this is what will probably happen. Nonetheless, if you think your spouse is dangerous and can harm your children, you need to bring it up to your lawyer so that they can make the necessary arrangements to demand full custody. If you get full custody and want to legally change your child's last name, you'll have an easier time with school, medical, and travel situations if you share a last name connection. In most situations where a mother is raising the child alone, she will be successful in changing a child’s last name if everything is done right. Same goes for a father raising a child without the mother. Just refrain from trying to demand full custody of your children if your spouse is a good parent. Your personal disagreements should not affect your kids' future life.
Preparing the Necessary Financial Documents
Financials are one of those pesky details that make divorce hard to finalize. Yet, by being ready, you can ensure that your case gets settled quickly. Before you file for divorce, get a copy of all the financial documents you may need. Such documents include joint bank accounts, credit cards, and shared debts. After you collect all these documents, you can share them with your lawyer to figure out your next steps.
Considering Collaborative Divorce
Divorce does not have to be that big, scary thing. While many associate the process of a divorce with long trials and heated arguments, it can be easy to finalize if the couple is willing to compromise. There is a new model of divorce called collaborative divorce that involves hiring two attorneys and a counselor who helps the family through this tough time. Instead of butting heads, the lawyers work together to reach a compromise and make the divorce a lot easier by opting for civilized methods like mediation.
Purchasing and Selling
When you file for a divorce, all your shared assets are going to be blocked. The reason behind that is some individuals vindictively sell their joint assets to stop their ex-partners from benefiting from them after the divorce. So, before you file for a divorce, see if you need to purchase or sell anything. Just keep in mind that this sale or purchase has to be necessary because otherwise, your ex-spouse can use your actions against you in court.
Pursuing a New Relationship
You may feel ready to delve into another relationship, but this is not advisable when you divorce has not been finalized yet. Many judges do not take kindly to such actions. Also, it does not matter whether you are still living in the same house; spending money on buying gifts for your new partner or taking them out on dates can be seen as depletion of your marital assets. Thus, it is better not to jump into a new relationship until you settle all the financial and legal matters connected to your divorce.
Filing for a divorce can be an overwhelming emotional experience, especially if you have been married to your partner for years. On top of all the emotional baggage you have to deal with, you need to consider other legal and financial details as well. When filing for a divorce, you need to collect all the required financial documents, hire an attorney, and discuss the custody of your children. Most importantly, you must maintain a positive outlook; getting a divorce is not the end of the world.