Divorce is not an easy decision and everyone may react
differently to the situation. There may be anger, relief, sadness, or
excitement. It becomes even more complicated when there is a child/children
involved. Even though this can be a confusing and chaotic time, know that your
attorney is here to help guide you through the process and answer any questions
or concerns that you may have.
It is important to know that a divorce is not just the termination of a marriage but deals with several aspects of married life. According to the Legal Dictionary, a basic definition for divorce is, “A court decree that terminates a marriage; also known as marital dissolution. A divorce decree establishes the new relations between the parties, including their duties and obligations relating to property that they own, support responsibilities of either or both of them, and provisions for any children.”
After
filing for divorce there are several elements to consider as your case
proceeds. Though there are many parts involved, I have included a brief list.
Your attorney will be able to give you more detailed tips and advice regarding
your case since each divorce case and each family is unique.
First, you need to look
at the big picture regarding long-term and short-term outcomes of the divorce.
Doing this allows for both parties to have perspective and be able to work out
an agreement that benefits the present and the future.
Second, if there are
children involved, put the children first. Using your children to score
points during a divorce proceeding will not help the process go smoothly and
foster resentment. You need to put yourself in your children’s shoes and
remember that they are affected by this too.
Third, do NOT engage in a Facebook, Twitter, or any type of social media war with your spouse. Airing your dirty laundry and drama on your Newsfeed will just complicate matters, create hostility, and prevent compromise as well as a clear path forward.
Fourth, emotional support
is incredibly important! Find a friend or family member who is not involved in
the proceeding so that you have a support system and someone to be with
throughout the divorce process.
Finally, don’t try to navigate a divorce without an attorney! Often times a do-it-yourself separation agreement may end up being invalid if it fails to meet state requirements due to incomplete or incorrect information. It is always in your best interest to consult an attorney regarding a divorce.
Finances are also an important consideration when it
comes to your divorce proceeding.
1.) Take
care of the basics by making a list of assets and debts, reviewing and updating
your monthly budget, and making a plan for closing joint bank accounts and
paying off credit accounts.
2.) Gather
and update important documents such as financial records, tax returns, an
updated credit report, and items like birth certificates and social security
cards.
3.) While you will need to eventually update your medical and disability insurance to remove your spouse as well as revising beneficiaries for your investments, it is important to know that none of this can be done until AFTER your divorce is finalized. Doing so beforehand is illegal. As always, consult with your attorney before making any of these changes so that he/she can advise you of when it is appropriate for you to proceed.
4.) Address
tax considerations by deciding who should claim minor children as dependents
and consulting a tax professional to determine what tax implications might
arise as a result of your divorce.
5.) Finally,
adjust your estate plans by reviewing life insurance policies, meeting with an
attorney to review provisions for children in case of your death, and revising
all estate plan documents immediately following your divorce.
While the Law Office of
Marcie Baker does not handle estate planning, should you have any questions
about your estate/finances during your divorce we recommend that you contact
Financial Advisor Casey Butcher at Edward Jones to assist you with your
inquiry. He can help you out with the above tips and more. You can reach him at
(813) 788-1083.
Sources: https://www.thefamilylawco.co.uk/blog/hartnell-chanot-blog/top-tips-family-law-clients/
https://www.zakarinlegal.com/expert-tips-on-how-to-deal-with-divorce-and-family-law-cases/
https://legal-dictionary.thefreedictionary.com/divorce
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