Getting a Divorce

Preparation

Preparing for a divorce is important because it saves you from the conflict and stress that usually accompany the divorce process if it is done in haste. Planning ahead permits you to begin preparing for your post-divorce life, make good decisions, and avoid the usual mistakes that people make after a hasty divorce.

Gathering All of the Required Paperwork

A lot of information is required for divorce. Thus, it makes sense to collect as much as you can as soon as possible. Some of these are names, addresses, account numbers, and the telephone numbers for all of your liabilities and assets. Information should be gathered regarding all bank accounts, loans, credit cards, bonds, stocks, titles, and mortgages. If you or your spouse has a business, it is also important to obtain a copy of its debts, assets, and tax records. You will also need to gather your income tax statements for the last three years, including employment information and payslips. Other documents that may be required are powers of attorneys, ante nuptial or prenuptial agreements, deeds, and wills.

Examine Your Financial Condition

After collecting all of the pertinent papers, it is time to calculate your marital estate's net worth. This is made up of all of the assets that have been acquired during your marriage. To determine the net work, you will have to subtract your total debts from your total assets. This is important because it will let you know how much you will be getting after the divorce. As a side note, if you are expecting to receive an inheritance, you should not utilize it for marital expenses or for buying conjugal properties. This will ensure that your inheritance will not be included in the marital estate.

Another important step to take when preparing for divorce is to keep a record of your income and expenses. This is essential because it provides you with an idea of the amount of money that you will need after the divorce and the amount of support that may be awarded to you. You may want to obtain the services of a financial planner who is experienced in divorce matters to help you go through the financial calculations and to provide you with rational decisions when the divorce process is already taking place.

Enhance Your Financial Condition

After examining your financial condition, make sure that you do not incur additional debt. Instead, try to pay some of your debt to enhance your credit score. This will make it easier for you to qualify for a car loan or a home loan after the divorce. If you do not have a credit card, it is advisable to apply for a credit card in your own name and use it wisely. This will provide with a good credit record that could help you a lot after your divorce.

Ensure That You Will Have Enough Income After the Divorce

It is essential to ensure that you have sufficient income after the divorce because the possibility of getting alimony has been decreasing through the years. It is important not to resign from your job if you are presently employed. And if you are not employed right now, you will have to start preparing your resume and think of the possible jobs for you. If you think that you will need training or additional education, now is the time to do it.

You will also need to have somebody inspect your car for any possible defects. This will ensure that you will avoid suddenly facing the need for costly automobile repairs after the divorce. You will also need to ensure that you do not have any unpaid taxes. Tax liens after the divorce could be a heavy burden.

It is also a good idea to document your current possessions by making a video recording of them. This can provide you with proof that certain properties really existed if they end up missing while the divorce is being processed. And if your spouse is hot-headed, you may want to keep your sentimental items, jewelry and documents in a safety deposit box. And if you are covered by the insurance of your spouse, it is advisable to get all important dental and medical procedures done while the divorce is not yet final. You will also need to check on the insurance premiums that you will need to pay after the divorce. Don’t forget about your life insurance policy and the beneficiaries - you may want to change them around with an impending divorce in process.

The Importance of Legal Advice

While it is not necessary to get a divorce lawyer, you may want to hire a qualified family attorney because he can advise you on your various options. He may also provide you with advice on how you can gear up for the divorce. He may give you an idea of including the possible expenses of the divorce process. He may also be the one you can turn to when you finally decide to push through with the divorce.

The Divorce Process

The first step is to determine the jurisdiction. This is the main benefit of being the first one to file for divorce. If you file first, you will have the advantage of choosing the jurisdiction in your state. The second step is the Summons and Petition for Divorce or Legal Separation. The Summons is a document that declares the start of a legal separation or divorce action, and the Petition specifies what is being sought, such as custody, child support, spousal maintenance, and the division of the debts and assets.

Your husband has 30 days to submit his Answer and Counter Petition. After this, a temporary hearing will be held to resolve certain issues, such as temporary support, temporary custody, the residence of the parties during the process, the use of assets, injunctions against financial misdeeds, and protection from domestic violence and harassment.

This is followed by the mediation process, co-parenting classes, advance case review, discovery, and a settlement conference or pretrial. The pretrial and settlement conferences are scheduled by the court to attempt to resolve any pending issues and to determine the issues that have to be resolved by a trial.