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2 things you should consider before filing for divorce

On Behalf of | Feb 6, 2024 | Divorce

When contemplating divorce, it’s crucial to understand the various types of divorce processes available and which one aligns best with your circumstances. For example, in a contested divorce, spouses disagree on one or more key issues and cannot resolve them without judicial intervention. These disputes often lead to a lengthy legal battle, increasing emotional stress and financial strain. It’s essential to assess whether pursuing a contested divorce is necessary or if there’s potential for negotiation and compromise.

An uncontested divorce occurs when both parties find their way to agree on all aspects of their divorce agreement, including child custody, asset division and support payments. This option can typically result in a quicker and more amicable dissolution of marriage. An uncontested divorce can be achieved via attorney-led negotiation, mediation or even direct conversations leading to a draft of an agreement that can be formalized by lawyers.

Once you know what kind of divorce you’d like to pursue, it’s time to get prepared.

Financial preparation

Finances play a significant role in divorce proceedings. This calls for getting your financial affairs in order before initiating the divorce process. Compile a comprehensive list of all marital assets and debts, including bank accounts, investments, real estate and outstanding loans. Understanding your financial standing can help facilitate equitable distribution during the divorce settlement.

Consider opening individual bank accounts and credit cards to separate your finances from your spouse’s. This proactive step can potentially prevent disputes over joint accounts and protect your financial independence during the divorce. Just don’t make any big purchases without consulting your legal team, as your money in separate accounts is likely still part of the marital estate until your divorce is finalized.

Organizing official documents

Organizing and updating official documents is often overlooked but vital in helping ensure a smooth divorce process and safeguarding your interests. Collect essential documents, such as marriage certificates, property deeds, financial statements and tax returns, to provide comprehensive information during divorce proceedings. Also, review and update legal documents, including wills, trusts and beneficiary designations, to reflect your post-divorce wishes and protect your assets and beneficiaries accordingly.

Navigating divorce requires careful consideration and preparation. By understanding different types of divorce, getting finances in order and organizing official documents, you can approach the process with greater clarity and confidence. Seeking guidance from legal and financial professionals may also help ensure a fair and equitable resolution for all parties involved.