Divorces are complicated. There’s a surge of ill-feeling and emotion as you seek legal closure on the failure of your marriage. Keeping a level head is difficult, and there are usually ‘things’ that get in the way of making the separation that little bit easier.
Having a good divorce lawyer is important. Having a good divorce lawyer on your side will help you think more clearly and figure out which ‘things’ are worth fighting over. The following 5 categories are most commonly argued over in the throes of a divorce. Being able to plan and consider accordingly will stand you in better stead when it comes to reaching a divorce settlement.
Money
Most often, half of the couple has been kept in the dark with regards to the financial situation. If you don’t have the financial information on your spouse’s assets and income, your spouse will carry an unfair advantage with them to the negotiating table.
It’s therefore imperative that if you are considering a divorce that you make copies of all your related bank statements, insurance policies, retirement annuities, and tax returns. Debt can be crippling, and a spouse may take certain desperate measures to sell or liquidate your joint assets for cash in an attempt to get out of financial trouble.
When reaching a financial settlement, very often a spouse will argue that they’re unable to provide adequate child maintenance. Claiming that you were unaware of your family’s finances won’t help when you’re reeling from the separation.
Understanding what debt you brought into the marriage (i.e. a student loan), and what debt is still yours when you separate (car repayments) is something that a good divorce lawyer can assist with when it comes to evaluating the terms of your prenuptial arrangement.
A tough divorce attorney can help you get your ducks in a row before the separation turns ugly – just to ensure that you don’t get burnt and left with nothing. It’s prudent to get the ball rolling before you suddenly find that your shared pin codes have been changed and that your spouse’s behavior is getting increasingly suspicious or erratic.
Homes
A family home is increasingly viewed as being a major financial drain. From property repairs to mortgage payments, and taxes to utilities, it’s easy to see why the housing market crash has left people in serious financial debt.
But then there’s the emotional attachment of it being your home. One party will need to buy the other one out. Or, if there are no children involved, consider both of you selling and cutting your financial losses so that you can move on, hopefully, unencumbered by the debt of having to sell your property at a loss. This is where divorce becomes expensive.
Going from shared living expenses to supporting oneself on your own in the wake of a divorce is costly, as you suddenly find yourself needing new appliances and household items that you previously shared. Figuring out the most appropriate way to minimize the financial damage is where a good divorce lawyer is worth their weight in gold.
Children and Pets
Probably the biggest mistake that couples going through a divorce make is making it about ‘them’. They lose focus of the ones they love, the ones that invariably get caught in the middle.
When it comes to children, a parenting plan is an absolute must. This will take the children’s age-appropriate needs into consideration. Sticking to a new schedule and routine can help smooth the transition for children experiencing new environments.
For some married couples, their pets are their children. This can get more emotionally charged when there is no clear-cut agreement as to whom the pet belongs to. Visitation schedules and compromise are the best way to proceed in this regard.
Automobiles, Appliances, Equipment, And Tools
Buying a boat when you’re happily married, or surprising your spouse with an expensive food processor after your honeymoon can seem like a good idea at the time. Years later though, these items are the things that couples tend to hang their anger on as they tally up all the other partner’s unnecessary expenses.
An antique piece of furniture, sentimental piece of jewelry, a vintage car – cheap or expensive, unique or useful – shared items are often so difficult to distribute evenly, especially when they have been acquired together.
The value of a level-headed divorce lawyer who can help you take stock of what is rightfully yours and argue from a place of reason, without letting emotion cloud their judgment, cannot be underestimated.
Things That Belong To The Other Spouse
Spite likes to show itself when divorced couples clearly covet a belonging of the other spouse in the divorce proceedings. When things get acrimonious, it’s the little things that become big things. In the long run, if there are children or pets involved, it’s better to lose the battle and win the war – as finding a way to parent or timeshare your animals is more important. The trick is in knowing which battles to choose.
A good divorce attorney will allow you to focus on your healing, as you look at what’s in front of you that needs to be dealt with and divided appropriately.
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