Specialty tag(s): Pre-Divorce Guidance, Divorce for Men, Divorce for Women, Divorce
July 25, 2024
Divorce is never easy. From emotional hardships to complicated legal procedures, the process can quickly become overwhelming and leave you unsure of what you need to do next. However, preparing thoroughly ahead of time can help you manage these challenges more effectively and proactively. As a mentor of mine says, “we eat an elephant one bite at a time.” Like many hard things, you can manage these difficult proceedings one small step at a time.
One of the most important pre-divorce planning steps is to start gathering all of your important documents now. This can include prenuptial agreements, marriage certificates, life insurance policies, and any other important documents related to your marriage. Preserve and do not write or mark on any original documents. Make copies for your notes, and take photographs as needed to keep important information on hand.
In addition to your marriage-related documents, you will also need to collect several important financial records as part of your pre-divorce planning checklist. Accurate and comprehensive financial information will be crucial during the divorce proceedings. Collect details about all assets, debts, and income sources. This includes bank statements, credit card bills, loan documents, and tax returns. Proper documentation will ensure a fair division of assets and can prevent potential disputes.
Updating your passwords and securing sensitive information should also be included in your pre-divorce checklist. Consider setting up new personal bank, internet/Cloud and email accounts to maintain privacy and control over your personal affairs. Your public information is also important. Consider what you are posting online or putting in writing or recordings. Even if you don’t think they would, it’s possible your spouse will attempt to access and use your private and public information against you during the divorce. Keep in mind, however, that your spouse may be entitled to request some of this information, including spending records and correspondence, during the discovery process.
Even if you anticipate an amicable divorce, it’s always a good idea to consult with an experienced attorney about your situation early to get some pre-divorce advice. A good divorce lawyer can help outline your rights and responsibilities in the divorce as well as help to ensure that you’re taking the appropriate steps toward a fair resolution for you and your family. It’s also important to meet with several potential candidates before choosing an attorney so that you can pick the one you’ll be most comfortable working with.
If your marriage involves domestic violence, prioritize your safety and your children’s safety. Domestic violence centers and help lines can help you create a safety plan for leaving the situation and seeking legal protection and support services. Document instances of abuse and discuss them with your attorney to determine the best legal actions to protect yourself and your children.
Many immediately picture drawn-out courtroom arguments when they think of divorce, but that’s far from the only way to settle your disputes. Alternative approaches, such as amicable divorce and divorce mediation, allow many couples to reach agreements over matters like spousal support, property division, and child custody without ever resorting to litigation. An out-of-court agreement could also save time, reduce costs, and lessen emotional strain for all involved.
You and your spouse need to decide the living arrangements at the beginning of your divorce. Will one of you be moving out, or do you have to remain living together until the divorce is finalized for financial reasons? If one of you does move out, who will take primary custody of any children? These are important questions to answer early, and possibly with the help of an attorney. Those with children will need to ensure that their new living arrangements allow them to provide stability and safety for their family. Your temporary arrangement with your spouse could have a lasting effect on any future arrangements, especially regarding children.
It is common in many households for one spouse to work while the other stays home to care for the children. However, during a divorce, the reality of maintaining two residences on the same amount of income quickly sets in and can prove challenging for those who have not planned for it. If you are currently unemployed and beginning the divorce process, you may want to consider looking for a job as soon as possible.
If you are unable to work, such as due to health issues or the needs of a young child, you might consider requesting temporary spousal or child support from your spouse while the divorce is in process. If your spouse does not agree to the request, you can try to secure a court order for the payments.
If children are involved in the divorce, it is important for both you and your soon-to-be ex-spouse to prioritize their well-being. You can start your pre-divorce preparation by sketching out a potential schedule and familiarizing yourself with Texas’s child support guidelines. Consider immediate financial needs and how to address them legally if cooperation from your spouse is lacking. You can also research cooperative parenting techniques and available courses.
Make sure to update any medical and contact information to reflect your new circumstances as part of your pre-divorce checklist. Consult with an attorney on updating your will, life insurance policies and other accounts.
At Goranson Bain Ausley, we are committed to guiding you through this challenging time with respect, professionalism, and experience. Should you need assistance or have questions about preparing for a divorce, do not hesitate to contact us.
Our attorneys are experienced in all aspects of family law and will guide you through each step of the process, ensuring you have the information you need to make wise decisions and prepare for the future.
At Goranson Bain Ausley, we strive to deliver clarity about what comes next and confidence that you and your family’s future are more secure. Contact our team and discover how we can help you.
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