Divorce: Do Your Homework First
If you are getting ready to begin the divorce process, consider doing your homework first. That means you and your spouse should make it a priority to sit down and discuss divorce issues in a relaxed, casual manner while you can. For some tips on doing this sort of research, read on.
Understand the Alternative
Some people have watched one too many divorce court episodes. That does not have to be you in court arguing over personal issues in front of a judge. There is so much work you can do outside of court and every issue you agree upon that way reduces your expenses, the time needed to get divorced, and your stress levels. From your separation onwards to your final petition, try doing things the easy way by working on it from home. First, a quick overview of important issues to discuss, some ideas on dealing with unresolved issues, and finally, when not to do things from home.
Divorce Issues to Discuss
What is on your agenda depends on your unique situation but the below are common major divorce issues:
- Debts: Who should be responsible for any marital debts.
- Children: Child custody and visitation plans need to be made.
- Property: Marital property should be divided.
- Spousal support: Not all spouses need it but it's still available.
Speak to a Lawyer
Even if you can agree on things, you both still need legal representation. Your lawyer can advise you on what marital property and debt are and to ensure that the important issue of child support is included if appropriate. They can suggest some custody choices and you will learn the difference between legal custody and physical custody. Then, once you have some agreements in place, the lawyer will put things in writing and ready them for the divorce petition.
Unresolved Issues
In many cases, divorcing parties agree on all but a few issues. When that happens, try mediation. This can help you work things out away from the court. In some cases, child custody issues might need an outside third party's input using a professional child study expert. Also, you should consider bringing in financial experts or a forensic accountant if suggested by your lawyer.
When Not to Go This Route
Unfortunately, not all situations are bettered by this homework method. If any of the following sound familiar, speak to a lawyer before you do or say anything about the divorce to your spouse:
- Your spouse is physically or psychologically abusive.
- Your spouse has threatened to take your children and leave.
- You or your spouse is physically or mentally compromised (through illnesses).
- You believe your spouse is hiding financial assets from you.
- You have a high asset divorce case.
To learn more about dealing with your divorce using homework, contact a divorce law firm.
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