If you’re considering filing for divorce, there are some important questions you should ask yourself before taking the first steps. While the process may seem daunting and overwhelming, it is essential that you understand your rights and responsibilities before beginning the process. Taking the time to do your due diligence and asking the right questions can help ensure that your divorce proceeds as smoothly as possible and that you feel ready (emotionally, financially, and legally) to proceed.
What Are the Financial Factors of Divorce?
Divorce cases can be expensive and complicated; understanding your financial obligations throughout the process is essential. Depending on the circumstances of your case, you may be responsible for paying court costs, attorney fees, and any other related expenses associated with filing for divorce.
Additionally, if alimony or spousal support is an issue in your case, then understanding how much money will need to be paid—and when—is essential. Understanding all of these financial details beforehand can help ensure that both parties are on the same page about expectations for payment and avoid any potential misunderstandings down the line.
Before pursuing divorce, consider asking yourself the following finance-related questions:
- What assets do I own and are they separate or marital property?
- Am I worried about my spouse hiding assets?
- What is important to you financially (i.e. do you wish to remain in the marital home, do you want to retain full ownership of your business, etc.)?
- What standard of living was established during the marriage and do I have the earning potential to maintain it?
- Will my retirement funds and finances need to be rehabilitated after divorce?
- Do I understand the tax implications of child and spousal support and other divorce-related decisions?
- How will your children be impacted by the divorce (i.e. paying for college, child support, etc.)?
What Are Your Emotional Responsibilities?
Divorce cases don’t just have legal implications—there are often emotional ramifications as well. It’s important to remember that even though emotions may run high during this process, staying respectful towards one another (especially if there are children involved) can make a world of difference when trying to come up with an amicable agreement between spouses. Additionally, seeking out help from friends or family members can provide necessary emotional support while navigating through a complicated situation like a divorce. Taking care of yourself emotionally before filing for divorce is key!
Before your divorce, to ensure you are emotionally ready, ask yourself the following questions:
- Are my emotional needs being met in this relationship or elsewhere?
- Do I feel empowered in this relationship?
- Do we understand, accept, and respect each other’s core values?
- Do we both compromise?
- Is marriage helping us grow as individuals?
- Would my spouse know the reason why I’m leaving?
- Do I think getting help or attending counseling will help?
- Do I still want to connect physically with my spouse?
Do I Understand My Legal Rights?
Before filing for divorce, it is important to understand what your legal rights are during this process. From understanding how assets and debts are divided to understanding the types of child custody to knowing your legal rights, it is important to prepare yourself for the legalities of your divorce. To prepare, you should ensure you answer the following questions:
- Do I understand the difference between a contested and uncontested divorce?
- Have I considered alternative dispute resolutions (i.e. mediation, collaborative divorce, etc.)?
- Have you consulted with an attorney to strategize for your case?
- Does your case have an added layer of complexity (i.e. high-asset or high-net-worth divorce, etc.) and how does that affect your case?
Have I Spoken with an Experienced Divorce Attorney?
Divorcing couples must consider many factors before deciding whether or not they want to move forward with their plans to file for divorce. Understanding one’s legal rights must come first before anything else; this includes knowing how assets will be divided upon dissolution of marriage and whether or not alimony or spousal support payments need to be made by either party.
Additionally, couples should consider their financial obligations associated with filing for divorce such as court costs and attorney fees as well as their emotional responsibilities towards each other throughout this difficult process—especially if children are involved in any way shape, or form throughout said proceedings. In taking in all these variables, you should also consult with an attorney before filing for divorce. They can offer you personalized legal counsel and help you better prepare for your case.
To schedule an initial consultation with the attorneys at The Neshanian Law Firm, Inc, call (949) 577-7935 today.