Considerations When Filing for Divorce
If you are considering filing for divorce, there are key pieces of information you should arm yourself with before taking that initial step. The smartest thing to do is to contact an attorney for legal help with a one hour consultation so that you can discuss the process in depth before making a firm decision as to whether or not to file for divorce. Some of the things to consider and discuss with a family law attorney are who would stay in the marital residence, how to divide child custody or parenting time with the kids, and how to handle the marital finances during the pendency of the divorce process. Of course, the number one question that sets the tone for every divorce case is “How ugly will it get?”
Divorces can be as amicable or as contentious as the parties want, but it’s important to know and recognize the tone of the split from the outset because strategic decisions of the divorce proceedings must follow that tone. It’s never a good idea to include details on social media, DMs, or text messages as it can affect the outcome of your divorce. Couples with children often want to take a more amicable approach and can go with an quiet and economical uncontested divorce, whereas couples who have experienced adultery, trauma, or deception often find themselves fighting right out of the gate with a highly contested divorce. At The Fox Firm, we follow our client’s wishes for the tone of the split while also remaining prepared to do whatever is necessary to protect our client’s interest at the end of a marriage.
Who Gets to Stay in the House?
When it comes to filing for divorce, the first point of contention is usually which spouse party gets to remain in the marital residence. Without evidence of certain types of abuse, filing for divorce does not automatically kick one person out of the house. Oftentimes, couples agree that one person will move out, but absent agreement, parties might continue a domestic partnership and live in the marital residence together for a period of time, or even take turns living in the home depending on which spouse has possession of the children. Before you make the decision to end a marriage and file for divorce, it is essential that you plan what living situation is going to work best for you, your family, and your financial situation.
After you have considered what living arrangements look like for the pendency of the divorce, the next major step is to think about child custody and possession schedules for any children.
What about Child Custody?
The first misconception an attorney will debunk is the assumption that the mother automatically assumes “full custody” of the children. In reality, there is a presumption that children need to share parenting time with both parents, and possession schedules and parental rights vary widely depending on the specific situation. Meeting with a family law attorney for legal advice before you file for divorce can help you understand and navigate through all of the different options such as standard possession where one parent has possession once a week and every other weekend, to 50/50 possession with week on/week off, to even a schedule where parent A has the children every Monday and Tuesday, parent B has the children every Wednesday and Thursday, and then weekends alternate from week to week. Of course, each of these situations can involve varying amounts of child support or spousal support. What is best for each family depends on a variety of factors, and it’s important to plan and prepare before you officially file for divorce.
What Will Happen with Finances?
Finally, when thinking about filing for divorce, it is natural to be worried about what will happen to the finances. In fact, many clients come to us at The Fox Firm concerned that if they file for divorce, their spouse will try to drain their finances or cut them off financially. In reality, nearly every court will have standing orders that prohibit such financial deception from the moment the divorce petition is filed through the end of the marriage. Most standing orders state that neither party is allowed to make large purchases, stop paying community bills, or remove the other person from bank accounts or credit cards. With that being said, how two people will handle their finances during the pendency of the divorce proceedings is an important consideration. Will the two of you split your joint checking and each pay your own bills? Will keep finances communal until the marriage has ended and the divorce is finalized? These decisions again depend on unique circumstances and are best made after careful legal aid from a family law attorney. Moreover, an attorney can help you prepare for different divorce forms and financial disclosures that are required by law once you file for divorce, so that you’re not scrambling to assemble mandatory divorce papers and documents during the most emotional time of your life.
These and other important considerations are essential to prepare for before filing a divorce petition, which is why you should always contact an attorney for a consultation to discuss rules, schedules, plans, and details. Contact us at The Fox Firm today to schedule your consultation. Being armed with information is the best way you can prepare to file for divorce.