How Do You Prepare for a Divorce From A Legal Perspective?

divorce papers

Preparing for a divorce is seldom, if ever, easy.  Apart from the emotional distress involved in separating from your partner and moreso when children are involved, the work involved in dividing assets, settling debts, arranging custody of children (and/or pets) and preparing for a new future are all issues involving emotional and financial pressure.

LawFuel asked top divorce lawyers Right Lawyers in Las Vegas for some key tips on preparing for a divorce.  Here are the top five:

1. Hire an attorney.

It seems obvious, but its also the most important first step to help you prepare for the time ahead.  The laws pertaining to such a separation are different from state to state. For example, this proceeding will decide how the couple’s property will be divided between the two and whether the property was acquired before or after the union, and is important in some states but not in others. The trained professional you hire to represent you will easily be able to navigate such issues and act with your best interests in mind.

There are other alternatives involving self-help divorce solutions and mediation where divorce details can be worked out differently than going to an attorney, but mostly the lawyers will be involved and having someone in your corner who is experienced and capable of providing sound advice on the various steps is a key step ahead.

2. Get Financial Details Together.

Often the financial and property issues will be clear, for instance ownership of the marital home, joint bank accounts and vehicles. But there can be a range of other assets that are not so easily dealt with, such as assets that have been brought into the marriage (before or since marriage), inheritances, pension entitlements, State and/or federal tax refunds, W2s, membership entitlements and the like.  There can also be intellectual property assets such as artwork, written works, and so forth.  These days there can also be cryptocurrency assets that need dividing.  These all give rise to issues of potential complexity.

3.  Work Out Income and Debts.

You need to know what income entitlements you have as well as the debts you owe.  These are critical for the determination of values that are split and how that is done.  Where one of you is self employed the issue becomes more difficult, but getting financial statements and other information is something an attorney can assist with through the discovery process.

You should also close joint accounts where possible.  There are numerous cases where an upset or angry spouse can incur substantial debts that may wind up being paid for by yourself.  Make sure you work out a budget of what your costs and income is and what your outgoings are so that you have all your financial details before you.

4.  Employ a  Counsellor or Mental Health Professional.

The divorce process itself is difficult, but there is also the fact that the process and the changes it involves can also lead to higher levels of worry and even anxiety. That is why seeing a mental health professional, such as a therapist or psychologist is often a very good idea given the stress that divorce proceedings can induce.  Emotional support during a divorce action is one of the key things you can do to maintain your good sense and secure the best possible outcome.

Professional counsellors will be able to give you advice on how to manage all of the negative feelings and emotions you might experience during this situation. Learning how to properly manage these feelings, including apprehension about the future, loneliness and other issues can help reduce the amount of stress you feel and assist in the overall divorce process and its associated repercussions.

5.  Don’t Move Away.

Although circumstances may dictate your movements, including job requirements and so forth, it is better to try and remain in the same area rather than making hasty moves that can result in substantial repercussions in terms of divorce outcomes, particularly when children are involved.

If your children are school-age and you are keen to remain in the marital home then there are a variety of issues that need resolving to achieve that result.  For instance, your ability to negotiate mortgage payments and other outgoings with your spouse, who may earn more money than you, is something that will be hindered by moving away.

Preparing properly for a divorce, on both the financial and emotional side, are things you can do that will also see you acting with a greater effectiveness for yourself, your children and your future.  Regard the process as a business transaction if you wish, but ensure you act with integrity and overall your best behaviour because a Court can be carefully assessing your situation in a manner that can work for or against you.  Try your best to make it the former.

Source:  Right







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