5 things to know before filing for divorce

Most people jump to file for a divorce due to emotions and not their rational thinking. These negative emotions usually trigger and expedite one’s decision making, jumping over a few steps into the process instead of taking it slow.

Divorce is more than just separation. You have to know your state financially as well as your legal rights; help protect it before and after you file for and proceed with the divorce.


Photo by Jez Timms

For those who have recently tied the knot, good luck to your future endeavors and best wishes! For those who are currently debating whether or not they should cut that knot, take a few moments to review the things you should know before you file for divorce.

Make sure it’s what you want

We understand you’re in a tough place here. However, don’t make regretful decisions because of emotions are overriding your clear thinking. If you think you’re tired of patching things up again and again; and have tried marital counseling a handful time to no avail, maybe it is time to file for divorce.

Remember though that once you hand the divorce papers to your spouse, there’s little to no chance of going back even if you opt to change your mind. Furthermore, the divorce can be move forward even if only one spouse wants to put an end to their bond.

Review your finances

It’s important to know where you stand with your finances before (and after) filing for a divorce, most especially if you have joint accounts, credit cards, and loans. You’ll be asked to make and present a distribution of your marital assets during the proceedings, so you better discuss this important matter with your lawyer.

Going through a divorce is difficult; even more so when settling your joint finances. We know it’s hard to speak with your spouse (unless the divorce is amicable and you stay on friendly terms) about this matter; it may ignite a few arguments here and there but it’s a critical step to follow.

Create a list of your assets; what you own and those you owe. Also, make an inventory of all your valuable assets such as cars, properties, and the likes. If needed, ask for a copy of your credit report to get a good eye on your account history.

Decide if you want to stay or move out

The most common dilemma spouses have and ask their lawyers for advice: “do I and the children have to move out or can we stay?”

The answer may vary and is reviewed by a number of factors. If there’s domestic abuse involved, leave the house. However, if your goal is to keep the property or home, moving out can simply lose your power to negotiate in keeping that home. So the best advice we can give you is, weigh your options thoroughly and discuss your strategy with your lawyer or legal team.

Make your children your priority

Custody is at the top of your priorities to focus on when going through divorce. Whether you like it or not, if your spouse demands it and the prosecutor allows it, you and your spouse will share custody of the children.

Sit down and review your work schedule and your children’s in order to establish a compromised arrangement for custody. Your children need both their parents to raise them and guide them, come up with a good schedule where both you and your spouse have equal time to share with the kids. Also, don’t keep your child from seeing their parent just because you’re going through this, they have the right to spend time with both of their parents.

Hire the best divorce attorney

The most important part of all, set an appointment with a number of divorce attorneys for interview then choose the one that has good credentials, extensive experience practicing divorce and family law, who is quick in settling the case, willing to fight for you, and has a good working relationship with clients; remember, you’ll be spending a lot of time with this person and his legal team helping you out in this tough time.

May it be mutual or not, we hope this guide brings some of your questions to light. Make sure you star on the right track and with a lot of support around you.

What other things should people know before filing a divorce? Do you have any advice or personal stories? Help one out, share it with us!

About Chie Suarez

A huge fan of crime tv shows and films, Chie Suarez also has a knack for writing. She writes for Barwick Boitano Lawyers, a firm of lawyers and legal team offering expert advice and legal solutions to clients in Parramatta and Sydney’s western suburbs since 1991.

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