Getting a divorce can be one of the most difficult decisions that you ever take in your life. Apart from the sentiments involved, there is typically a load of legal and financial implications for both the parties, which unless amicably settled can lead to a messy legal situation apart from details of your personal life coming into the public domain. However, by following a few practical tips even before you send the notice of divorce to your partner, you can avoid a lot of mess, heartburn, and achieve a better outcome.
Are You Sure You Want A Divorce, Questions Jonah Engler?
Every marriage can be frustrating once in a while and tempers can run hot. Regardless of the lack of compatibility between the two partners, the decision to go in for a divorce is invariably an emotional one and should never be made when your emotions are out of control. Before you file for a divorce, you should make sure that you have explored all the options available for reconciliation because once you have taken the step to serve the divorce papers; it can be very difficult to retract and make up, even if you do change your mind. The court can grant a divorce on the wishes of only one of the partners. The right time to consider marital counseling is before you file for divorce.
Get Yourself the Right Attorney, Says Jonah Engler
You will need a competent divorce lawyer to represent your interests in court. Because you will want an attorney with whom you can work comfortably and who understands the reasons for divorce, you should interview several lawyers before appointing one. Ask your friends and colleagues for recommendations if they have recently gone through a divorce. You need to first make sure that both of you are on the same wavelength before you engage the best one you can afford. In case there will likely be complications in the divorce or if it involves certain types of assets beyond the usual, you will need to ensure that your divorce lawyer is competent to take the case on. Above all, never hire a lawyer who refuses to listen to your problems and treats you as just another file on his table.
Get Together All the Financial Documents, Advises Jonah Engler
Documentation plays a very important role in divorce cases, which is why, in addition to your bank statements and other financial records, you need to organize documentation regarding al your tangible and intangible assets because they will all be required to be produced for deciding the distribution of assets. In case, you and your partner share the paper records, you should make copies of all of them even before setting up a meeting with your attorney. It can be a smart idea to access even all digital and online records because if the relationship has turned acrimonious, your partner can make it difficult for you to access the records after the case has been filed, observes Jonah Engler. According to https://edition.cnn.com, it is easy for anger to become a complicating factor in divorces.
Determine Custodial Goals, Recommends Jonah Engler
When getting a divorce, custody of the children will generally be at the top of your mind. In all normal divorces, both the spouse will share custody of the children. To come up with a practical and fair schedule for custody, you should carefully review both your and the children's schedule as well as any other obligations that you may have. Ideally, you will want a schedule that gives the maximum quality time with the children as well as cause the least disruption to them.
Make Sales or Purchases Well in Time before the Divorce Notice, Recommends Jonah Engler
Typically, once the divorce proceedings commence, the judge in most jurisdictions will issue an order prohibiting both the spouses from buying, selling, disposing, or creating any ncumbrances of any marital property. This is done so that no spouse can empty the bank accounts or dilute the marital estate to suit him or herself or to spite the other spouse. Remember, if you have been intending to buy a new car or sell off property, filing for divorce will put an end to it. This is the reason why you should carry out your legitimate transactions that have been in the planning stage for some time before serving the divorce papers. However, it is not the right thing to carry out any transaction or to withdraw money from the bank account for any ulterior motive.
Prepare a Balance Sheet Reflecting Marital Assets and Liabilities, Suggests Jonah Engler
Since the divorce will mean the division of your marital assets, you will need to have a very clear picture of your assets and debts. While, it may be useful to hire an accountant if the estate is very large and the nature of the assets is complicated, for most couples jotting down your tangible and intangible assets and debts and liabilities is more than enough. Remember to include property, vehicles, bank accounts, retirement accounts, other financial assets as well as intellectual property that have significant value. Also make a list of all debts like mortgage, bank loans, personal loans, credit card dues, etc. By making out this list, you will be able to derive the net value of the assets and work out the distribution of the estate.
Conclusion
Filing for divorce needs to be done with a lot of careful thought because otherwise, it can easily become an acrimonious mess. Adopting a strategic approach to divorce will also let you decide whether to continue living in your home and which partner will retain the right to stay on. Consulting your attorney will help you to decide better on your living situation objectives as well as what to do about your joint bank accounts and credit cards. It is usually inadvisable to start another relationship before the earlier one if officially wound up preventing emotional and legal tangles. Also, consider getting together a support network because like it or not divorces can take a huge toll on your emotional and mental health.
Filing for Divorce? Tips by Jonah Engler That Can Prevent a Legal Mess
Posted in:
Family Law
Fri, May 29, 20, 11:24, 5 Years ago
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Getting a divorce can be one of the most difficult decisions that you ever take in your life. Apart from the sentiments involved, there is typically a load of legal and financial implications for both the parties, which unless amicably settled can lead to a messy legal situation apart from details of your personal life coming into the public domain
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