Do’s And Don'ts of Filing for Divorce

Date: 11:04:2022 | 239 article views

No divorce is ever simple. Numerous preliminary considerations must be made when divorce is in the picture. Divorce proceedings can bring up a wide range of issues, including child custody and support, division of assets and property, and difficulties linked to the couple's business. Proper planning is particularly necessary and can help minimize financial anxiety because women historically do not do as well financially in divorce processes.

Never forget that you are worthy of happiness and worth in this world. Divorce is a normal part of life. Neither failure nor shame is warranted. It's understandable if you feel hurt or let down.

You may save yourself time and money by weighing the pros and cons of getting a divorce and making a plan. For a smoother divorce, follow these Dos and Don'ts. Check out this link for more

First, let’s focus on the do's

This is by no means an exhaustive or even ranked list, but it might serve as a checklist if you're seriously contemplating divorce.

Evaluate your assets

Take stock of what you have. Gather up paperwork pertaining to all of your assets, whether they are monetary, immovable, or movable. Think about any gifts or inheritances you got before or during the marriage.

Property acquired by either spouse during the marriage is usually regarded as community property and is split in a manner distinct from that of separate property. It is important to remember that the 50/50 distribution of common property is not a hard and fast rule.

Keep a level head when conversing with your spouse

Examine your feelings on the marriage and decide if you believe there is still hope for a reunion. Even if you already know that your marriage is ended, it's important to at least try to have a conversation with your partner. Your ability to maintain a level head and talk things out for the sake of your children during a divorce will be invaluable.

Don’t leave town

Do think about acquiring a job if you are currently unemployed. Even if you're not working, your spouse is under no obligation to provide financial support. Conversely, you may still be required to pay child support even if you are unemployed.

If your ex-spouse has a stable job and you don't, and your ex-spouse is awarded custody, you'll need to find one so you can afford to pay child support. Make a budget that takes into account your living expenditures, the cost of an apartment or even another place to reside, any financial responsibilities you have, and any future child support payments. Read more here.

Create a strategy for the future of your kids

Consider what you think is best for the child, such as where they would live, what kind of school they would attend, and who they would be living with. You should consider the long-term effects of a divorce on your children. In your opinion, what kind of custody arrangement would be optimal for them? If you believe that having the kids live with you full-time is the best option, you should provide convincing evidence.

Think about your choices

Divorce can be obtained in a variety of ways besides going to court, such as through mediation or collaborative divorce.

Consider the many divorce scenarios, such as a contentious versus uncontested divorce, and whether or not the reasons for divorcing apply to you. You can file for divorce for a variety of reasons, including abuse, infidelity, a felony conviction, desertion, living apart, or a commitment to a mental institution. Consider whether you want to include any of these in your divorce petition if applicable. Consider who will submit the divorce petition and where it will be submitted.

Think about real estate

It's important to give some thought to important issues like medical and estate planning. Have you named your spouse as an executor or benefactor in your will? If so, you may want to rethink that decision. If you answered yes, you should probably revise your will.

The same holds true for other forms of legal authorization, such as a power of attorney (providing another person authority over your healthcare or financial affairs) or a HIPAA release (granting another person access to your medical records). Even if you get a divorce, your former spouse will still be listed on all of these legal papers.

Get yourself a safety net

No one expects you to go through a divorce alone. Consider going to counseling if you don't feel like you have much of a supporting or understanding network around you. Divorce is a highly emotional process, but talking to a professional about your worries can help you get through it and keep your feelings out of the proceedings.

Be sure to take precautions

If your safety is in jeopardy, you should carefully prepare your escape route. Think about your family's security and how you might improve it. If you require police protection, you can get it, and seeing an attorney about your options is also a good idea.

Consider a policy overhaul

It is important to consider whether or not you want to change the beneficiaries on any insurance plans that were previously payable to your spouse.

Document everything

It's a good idea to store information about your finances, property, and other assets in a place that your spouse can't access in case of a divorce. Take pictures of your valuable possessions and real estate.

In a nutshell, your strategy should be tailored to your specific requirements. Exit strategies can range from the more concrete (and physical) to the more abstract (and encompassing of financial holdings, children, and other logistical).

Do take the time to hire legal representation

If your husband already has legal representation, you should strongly consider doing the same. One of your main concerns is having a true and honest divorce attorney on your side.

Let's consider some things that you shouldn't do

Don't jump into a new romance

While the divorce is still in process, you shouldn't start dating again. If you find yourself in this situation, talk to your partner about it rather than trying to force the matter. It's best to keep the two of you apart if your new partner is the basis for the divorce.

Don't invite your new spouse to the divorce hearing, for instance. Don't intentionally put your soon-to-be ex-spouse in a position where they can grow bitter, but if you realize you've damaged your new partner's feelings, it's okay to talk about it. If you can help it, you should try to keep the divorce from becoming more heated due to heightened emotions caused by the introduction of a new romantic partner.

Don’t take extreme measures

Don't go crazy and pack all your belongings and leave town. It's one thing to take drastic steps when someone's life is on the line, but shocking your partner for the sake of shock value is not a game worth playing.

Don’t leave your children behind

Stay involved in your children's lives, even if your spouse is likely to be awarded custody. As a parent, your support of your children during a divorce is crucial to minimizing the negative effects on them and can even help you secure custody.

Refrain from leaving your current workplace

To avoid having to pay child or spousal support, you shouldn't abandon your work. As things are, you probably have to fork over the cash.

Try not to hide or undervalue your resources

Don't try to conceal your wealth or simply disappear without leaving a paper trail of your financial dealings. Don't try to appear financially knowledgeable by asking for much less money than you need or by undervaluing your assets. Check out this link to learn more about assets and financial disclosure.

Make a plan

Don't rush into divorce papers. The cost of a divorce alone, much alone day-to-day living costs, might be prohibitive. Before you leave, calculate how much money you'll need and put part of it aside.

Put off posting on social media

While the divorce is still in progress, you should not discuss it on social media. If you want to be absolutely safe, you shouldn't talk about the divorce on any social media platforms. Why? If you have children and anticipate returning to court, your spouse is likely to use anything you post against you as ammunition.

Try not to make hasty or questionable choices that could backfire in court. This is a useful method for determining the appropriateness of immediate actions.