Divorce is difficult and can take an emotional toll, especially if you?re not sure what to expect during the process. It can help to understand some of the main aspects of divorce law and to prepare as best you can to deal with a challenging situation. The following tips can help you better prepare and approach the divorce process systematically so that you?re more likely to obtain the outcome you deserve.
Consider A?Pre- And Post-Nup
A Pre-Nuptial Agreement is a contract prior to marriage which outlines the rights and
obligations of each spouse in the event of divorce, separation or death.? A Post-Nuptial Agreement is identical to a Pre-Nup, except the contract is entered into after the marriage begins.? Individuals with a business or high net worth should consider a Pre- or Post-Nuptial Agreement in order to eliminate uncertainty during an already difficult time.
Try Speaking To Your Spouse
If after much careful thought and consideration you have reached the conclusion that divorce or separation is inevitable, speak to your spouse to determine if matters can be resolved amicably. ?This will be important to know when you go to consult with an attorney.? When speaking with your spouse discuss the following:
- If you both work, there are no children and you have only been married for a short time, determine whether alimony (post-divorce payments to a spouse) is necessary;
- Discuss the division of your property and assets and if any lump sum settlement will be necessary to make the division equitable;
- Custody of any children;
- Whether you will continue to live together during the divorce proceedings;
- Whether either of you will remain in the marital home after the divorce.
If You Can?t Speak To Your Spouse
If the divorce will be contested be prepared for disagreements before you start the process by doing the following:
- Keep copies of bank statements, tax returns, spouse?s pay stubs, investment accounts, etc.;
- Keep a journal with all expenses with receipts, especially your children?s expenses;
- Obtain a free copy of your credit report. You are entitled to and can receive one free credit report every 12 months from each of the nationwide consumer credit reporting companies: Equifax, TransUnion and Experian;
- Establish credit in your name alone;
- Open a bank account in your name at a bank where your spouse does not do business and put money in that account on a regular basis in case your spouse withholds financial support when you separate;
- Do not put an inheritance into joint names with your spouse and do not use your inheritance to pay for family expenses or joint debts;
- Make sure your car is in good working order and that the title is held jointly or in your name solely;
- Do not quit your job if you are employed;
- Make an inventory of all property and assets acquired during the marriage and save receipts for major purchases.
Contact A Divorce Lawyer
When you have made your decision to separate or divorce, contact an attorney experienced in matrimonial law. Your attorney will guide you through the rest of the process.
The attorneys at Powell & Roman, LLC have over 30 years of combined experience in matrimonial matters. Please call us today or contact us online if you or someone you know needs assistance with a matrimonial issue or divorce. We will make a difficult situation more bearable and obtain the outcome you deserve.
