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Marriages never come with expiry dates. However, as time passes in marriage, either one or both partners figure out that the marriage isn’t working. Right there comes the expiry date to marriage, divorce.
Getting divorced can be typically brutal, emotionally, and psychologically. However, divorces are sometimes inevitable. Before going through a divorce, you need to carry out some self-evaluation before going ahead with it. Here are X things to consider before filing for divorce:
1. Are There Any Other Options?
Before you proceed, you should consider if there are any options left apart from a final divorce. If anything, it makes you certain that you had no choice. Check within yourself to be sure that:
- There aren’t any emotional feelings left for your spouse.
- You aren’t giving up too early.
- You aren’t the one causing problems in the marriage.
- Therapy or counseling wouldn’t work.
- Separation isn’t the better option.
If there are any tints of doubt in these considerations, then it will be wise to slow down to take steps to rebuild the marriage instead. If you certain there are no better options, then you need to get ready for the dirt road ahead of you in a divorce settlement.
2. How to Break the News to Your Partner?
It is safe to assume you haven’t discussed the issue of divorce with your partner. If that is the case, you need to decide how you want to tell your partner about your divorce plans. It may be true that both of you haven’t noticed your marriage isn’t working, but until it is declared, it is wrong to assume on behalf of the other.
On this, a by-consideration to make is which medium you would prefer to use in breaking the news to your partner. Would you love to task an attorney with the responsibility of communicating your divorce plans, or rather sit your partner down to discuss the decision? You pick which one suits you.
3. Weigh Your Financial Standing.
Divorce does not only take a toll on the emotions, psyche, and relationship, but it also takes a toll on both partners’ finances. Marriage is typically marked with joint ownership of properties and sometimes funds. You need to sort through the documents that reflect these acquisitions and finances. This information will help you determine whether you and your partner can handle a divorce at the moment.
You need to look at the costs of filing for a divorce, especially legal fees. If you would be moving out, you need to weigh the cost of housing. Documents detailing joint holdings must be found and correctly display both spouses, amongst other considerations. A partner will likely become wary of disclosing such documents once you have made a divorce filing. Thus, the importance of doing the due diligence of seeking all the information you need, especially with partners you have left to handle most of the details of acquisitions previously.
4. Who Gets the Kids?
You need to decide on who gets the kids before filing for a divorce. In the event of a divorce, there are several child custodies options, some of which include sole, joint, and bird’s nest custody. Each of these custody options has peculiarities, which you need to familiarize yourself with as an individual.
There also state laws that you need to start understanding with the aid of your attorney. There are also cases where the child has the opportunity to pick who they want to be with. You would have little impact on this, except you have been exceptionally caring to the kid right from the start. You should also prepare to fight for your child’s custody in court if your partner objects to your preferred child custody choice.
5. Are You Staying Single or Remarrying?
You need to consider what your relationship lifestyle would look like immediately after a divorce. Single or married? You need to decide. Divorcees are free to marry by law after a month of a finalized divorce. However, the divorce proceedings itself can take months to be finalized.
In some cases, partners are divorcing to get into another marriage with a new lover. In such instances, such a partner requires a separate order to expedite the court process. For partners not looking to remarry, they can file for alimony. Alimony is the legal responsibility of one spouse to the other in the event of a divorce. Spouses (male or female) with lesser income or have been out of a job in a marriage are typically awarded alimony.
Divorce should always be the last option. However, if you ever decide to file for divorce, eventually, it is expected to be done by a qualified and vetted legal counselor. Filing a divorce with qualified attorneys makes the rather difficult journey easier. Be open to the advice of your legal counsel and ask questions where necessary.
These prerequisite considerations are essential to make your eventual divorce filing and settlement process run smoothly. They will help in your attorney brief and give a clearer picture of what your divorce filing should look like.