Many clients contact me when they are thinking about filing for divorce, so I thought that it would be helpful to have a brief review of what someone can do to prepare to file for divorce. Here’s what can be done:
1. Start by determining what you what to end up with. What are your goals, needs and interests? Everyone is different, and has different priorities. There may be certain assets that are more important to you than to your spouse. Maybe you need cash now to pay for some immediate expenses, or maybe you need extra retirement assets. Whatever the situation, you will feel better and be better off after the divorce if you decide early what your objectives are.
2. Select a method. Do you want to use collaborative law, litigation, mediation or just try to work out things with your spouse via email and conversations? Investigate the options and choose the way that works best for you. In researching the possibilities, make sure that you speak with an attorney with significant experience in the different methods.
3. Prepare. Gather records and information about your finances and be familiar with any issues regarding your child and your spouse. For a handy checklist, see prior posts on how to prepare for an initial meeting with an attorney. Even if you decide to proceed on your own, these checklists and ideas will be helpful.
4. Meet with your attorney. It is important to see the attorney before things get heated up. Your attorney will appreciate having time to prepare and you will have more options on how to proceed. You will have time to gather or request records and you can plan different options for where you will live and how bills will be paid.
5. Take the first step. File, set a hearing (if needed) and serve the papers. It is generally advantageous to be the one to file first. Once it is inevitable that the divorce will take place, you will be better served by being active and getting things done at your convenience.
Getting divorced is an emotional process. But, having good information on how to get started can help. Hopefully, I have been able to help! If you would like to speak about your situation, do not hesitate to contact me.
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