Top 10 things to consider before filing for divorce

February 7, 2020 in Uncategorized | MARTIN WREN, P.C. | LEAVE A COMMENT

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Filing for divorce is a big decision and there are many things to take into consideration for your betterment before doing so. It is important to be absolutely sure about yourself in your decision. Divorce can emotionally taxing and the deeper you go into the process, the harder it will be to take it back if you have a change of heart. Try to exhaust all avenues of reconciliation with your spouse before filing.

If you are certain that a divorce is what you want, gather your financial documents. Documentation is pertinent in divorce cases. Make copies of any files and records shared between you and your spouse. Some spouses do not respond well to being served with divorce papers, and may try to hinder your access to documents once you have filed, so obtaining them before then will be preemptive to their attempts.

Try to find an attorney that is able to work in accordance with what you plan to gain from the divorce. Do not let the attorney present you with solutions before you have had a chance to discuss the details of your case. Be sure that you have an attorney that is equipped with the skills needed to handle your case.

In the event that children are involved, determine your goals for custody. If the case is devoid of circumstances calling for sole custody, then it is likely that shared custody will be the end result. It is a good idea that you talk with your spouse about sharing custody of your children, and to look over your schedule and the schedule of your spouse and kids. Making an arrangement that can be agreed upon before filing for divorce will make for a smoother process once you do.

At the start of your divorce case, the court orders a prohibition on both you and your spouse from buying, selling, restricting or disposing of marital possessions. This is done in order to prevent spouses from expending shared finances. Make purchases or sales that you deem to be necessary before this restriction. 

Plan out your living situation. Figure out if you want to reside under the same roof as your spouse during the divorce process, or if you or your spouse should live elsewhere. Decide where you want to live after the divorce has been finalized as well. Choosing a location that is still close to where you lived before the divorce is especially important if you have shared custody of your children, because travelling too far of a distance may put an unwanted strain on them.

Be sure to discuss the situation regarding joint bank accounts and credit cards with an attorney. The attorney should inform you about either equally dividing the accounts, closing them, or keeping them the same before filing for divorce. Talking to an attorney about this may prevent your spouse from being able to run up bills and create debt in your name.

Try to avoid living as if you are single. It is still considered adultery if you were to have relations with someone other than your spouse, even if you no longer live with one another. Spending money on an illicit partner may be considered by a judge dissipating the marital estate, and could be cause for a reimbursement. After filing for divorce, talk to a divorce attorney in Arlington, TX about being able to be in another relationship given that some states allow it.

Before filing for divorce, although not necessary, it would be a good idea to hire an accountant for your financial goals. You can also create a marital balance sheet that documents all of your debts and assets. Doing this will facilitate decisions made on how you and your spouse will split it. It will also give you an idea of the amount of money you have for an attorney.

As was mentioned before, divorce can take an emotional toll on you and everyone involved. Try to find a supportive environment that can be used to help you through this difficult time. Talk to a therapist, or family and friends that have been through what you are experiencing. Leaning on others will help you throughout the divorce process and will make you knowledgeable about the proper decisions pertaining to it.



Thanks to Brandy Austin Law Firm, PLLC for their insight into family law and filing for divorce.

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