Legal Advice On How To Go Through A Divorce

by Jenna G
Legal Advice On How To Go Through A Divorce

Forty-five states reported a massive 630,505 that have taken place throughout the year. Divorce can be messy and overwhelming for all parties involved, but that doesn’t mean there aren’t some steps you can take to make the process run smoother for you.

When you’re going through a divorce, you need all the advice you can get, and we’re here to provide it to you.

Get a Lawyer

The first piece of advice we’ll offer is that you need to take some time to find a lawyer to help you navigate this process. Going through a divorce is unlike any other case because several emotional components come with it. 

Because it’s understood you will be emotionally invested in the case, trying to navigate by yourself can become challenging. It’s crucial that the first step you take is to begin vetting divorce lawyers that can represent you in your case. A divorce lawyer understands the ins and outs of divorce law and how the court system works.

They act as the middleman between you and your former partner’s representation to ensure that all parties involved get the most ideal outcome for the situation. Your lawyer will be there with you through every step, from hours pouring over your case to mediation and court if needed.

Ensure the lawyer you hire is skilled in this area of law because although many practices have a variety of practice areas, you want to know that you’re in good hands. To do this, asking some questions before hiring the lawyer, such as ones about the experience in divorce law or whether it’s their specialty, will aid in helping you to make your final decision.

Communicate With Your Former Spouse

In divorce, you’re actively in the process of separating from your former partner, but it’s more important now to continue communicating with them, so choosing a collaborative divorce method is vital. Being able to continue communicating with one another will help to resolve the divorce quicker than if you both were to continue disagreeing with each other.

For instance, communicating what you both want out of the divorce and how to split up assets can assist in an amicable outcome. When former spouses can no longer communicate with one another, it can cause you to spend more time in mediation and court.

The longer you disagree with each other, the more time, money, and frustration it causes both parties.

Legal Advice for Divorce

Refrain From Selling Assets

Amid a divorce, it is best if you refrain from selling any of the assets you and your partner own or owned throughout the marriage. Before proceedings begin, you’ll present your lawyer with a list of assets that will be split during the divorce.

While it might seem like a good idea to sell what you can, this can adversely affect your proceedings. Many judges and court systems will view the selling of your assets as having ulterior motives, such as not being willing to split the asset and wanting to keep the profits for yourself. 

It’s best to wait until the divorce has been resolved and determine which assets are split and which are yours before deciding to sell them.

Ensure Divorce Is What You Want

When people get married, it’s not with the idea that they’ll be getting a divorce, but unfortunately, this doesn’t mean a divorce can’t happen. Even if you’ve spent time arguing and throwing around the word divorce, you need to ensure that your marriage is officially over before you start divorce proceedings.

Once you take steps to start your divorce, it changes everything and the way that you and your spouse will continue to interact with each other. Divorce is severe and shouldn’t be used as a gimmick to get your spouse to do what you want them to do.

If there is any chance of reconciling with your partner, don’t file for divorce because you don’t want to waste the time, energy, and money it takes to file for divorce and carry out the proceedings.

Create a Strong Support System

As mentioned, divorce is emotional because although you’re moving forward with your life, you’re still separating from someone you once loved and shared a life with. There will be ups and downs during the divorce, and if you don’t have a strong support system, navigating the process becomes challenging.

The people you surround yourself with should be supportive of the decisions you choose to make and support them. It should be clear that you don’t want people around you to bash your former spouse, but simply to be there if you need a shoulder to lean on.

Or if you require someone to check on you and ensure you’re taking care of yourself during your divorce, you should know exactly who to call. Those that make up your support network can also help you to see some things clearly if your judgment is being clouded by the emotions you’re understandably feeling.

Think About Your Kids

If you have children, you’ve got to put what you want aside and ensure you’re doing what it takes to keep their best interests at heart. A judge will take several things into account when deciding who will receive primary custody of the children involved in the divorce.

Being a good parent to your children means being mature and understanding that there may be a time when having primary custody isn’t best. Before you allow a judge to decide who receives primary custody, you can sit down and discuss this with your former partner to reach an agreement outside of court.

From there, the custody plan can be reviewed by both parties’ representation and then presented to the judge for acceptance or rejection. 

Obtain Financial Documents

A part of providing a list of your assets is collecting the financial documents you need to support your case in court. This should be done before the divorce proceedings continue and will help the process to move forward seamlessly.

It might seem easy to obtain the financial documents you need, but the truth is, in some cases, it might not be. If you and your partner aren’t seeing eye to eye, asking for specific pieces of documentation may take longer than you’d like it to. 

The best thing to do is to pursue these financial documents as soon as possible after deciding that you’ll move forward with a divorce.

Tips For Navigating a Divorce

Divorce can be a hard pill to swallow, but you have to move forward with getting things taken care of. First things first, consult with a lawyer and ensure you have a strong support team around you to be there for you as you work your way through the process.

For more educational materials on divorce and handling it, check out some of our other posts.

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