How to Go Through a Divorce

A divorce can be a stressful and challenging event. Going through a divorce can change every part of your life. This can mean a change in your partner, assets, home, and raising your children.

While divorce can be difficult, this article offers an overview of the divorce process. State laws vary significantly, and everyone’s circumstances are different. For specific legal advice and support, contact an experienced family law attorney.

Keep Things Friendly 

Going through a divorce is challenging. But keeping things as friendly as possible will save you time, money, and stress. The divorce process can drag on for years, from filing the divorce petition to getting the final divorce decree. Under the right circumstances, you can do it rather quickly. This requires you and your partner to work together to agree to the terms of the separation.

The process will be much more expensive if every decision requires a court order. If you need to take the deposition of witnesses to attack your soon-to-be ex-spouse, it can also be emotionally draining. 

When both parties remain friendly and are open to negotiation, the process will go much more smoothly. If you and your soon-to-be ex-spouse approach the proceedings intending to keep things as pleasant as possible, it can be less stressful. This means communicating the most crucial aspects of the divorce—child custody, division of assets, and division of property. 

One way to keep things friendly is to engage in collaborative divorce. Collaborative divorce is the process of negotiating all the terms with help from divorce law professionals. The judge signs your final separation agreement. With collaborative divorce professionals who understand the law, the court will likely approve the settlement. 

Some situations make it challenging to work together. It can be impossible if there is a history of domestic violence or if there are irreconcilable differences.

Know Your Rights

If you and your partner agree to maintain a friendly and cooperative approach to the divorce, you must do so in good faith. Understand that the emotions that accompany a divorce can turn things combative. You need to prepare yourself if that happens. This starts with knowing your legal rights. 

Divorce laws vary significantly from state to state. This includes the laws that govern the division of assets, custody decisions, alimony, spousal support, and child support. Familiarize yourself with your state’s divorce laws so you can make informed decisions and set realistic expectations. This is especially true if you live in a community property state.

Know Your Assets and Prepare To Protect Them  

You can keep a cooperative approach to divorce, but you must also protect your assets. An excellent way to start is by taking an inventory of all shared and individual assets and liabilities. This includes automobiles, marital property, bank accounts, retirement accounts, credit card debts, and outstanding loans. This will help ensure that the eventual division of assets is fair and transparent. A little bit of preparation before filing divorce papers can help.

Minimize the Impact of the Divorce by Prioritizing the Children 

If you have minor children, make their well-being the most important factor. The court decides every custody arrangement and visitation schedule with the best interests of the children in mind. You and your spouse should foster as much stability and support as possible during the divorce. Reassure the children that things will be ok. 

Keep Records of Everything 

Maintaining a friendly relationship through a divorce case is ideal. However, you should also prepare yourself if things turn more adversarial. Keep detailed records of all communications, agreements, financial transactions, and other relevant information. If an uncontested divorce turns contested, you will have evidence to support your position. 

Seek Legal Counsel  

A divorce attorney can provide valuable guidance tailored to your situation. A local lawyer is also familiar with your state’s laws and can make divorce proceedings go smoothly. An experienced attorney can help you understand your rights, advise you on the best course of action, and represent your interests in court. Laws vary significantly by state. Local court procedures also vary.

Consulting a local attorney familiar with your area’s legal landscape is crucial. Help protect your rights with the advice and support of a local family law attorney.