4 Legal Priorities for Divorcing Couples

Getting a divorce is said to be a painstakingly complex process for couples falling out of marriage. Aside from the emotional toll that it could bring to both you and your spouse, you’ll also have to think of a lot of other priorities including your kids, shared assets, and the like. You’ll be faced with new responsibilities while also completely renavigating your waking life.

It’s recommended that you don’t get too caught up in mounds of financial and emotional worries while you’re undergoing a divorce. There are many ways to keep your head above the water, so to speak, and remember that you’ve got to prioritize several legal concerns before pushing through.

Setting Concerns Straight

Legally ending a marital union can take several months depending on several factors ranging from court availability, cooperation of both parties, to any signed post-marital or premarital agreement you two may have.

The process of divorcing your spouse is believed to be overwhelming but if you’re able to set your legal concerns right away, the burden may easily be lessened. Some of them are:

1. Child Custody

If you have children, they’ll surely be your topmost priority when getting a divorce. They’re said to be susceptible to experiencing emotional distress during the process. As such, they need to feel that you’re doing everything you can to ensure their best interest. If you’re on talking terms with your spouse, it’s best to sit down on it and discuss the matter before involving the authorities and family law.

Even when one of you is willing to give up child custody, you’ll still need to talk about other child-related concerns such as visitation rights, the amount of child support to be expected from each parent, and others. Both of you should also forge an agreement involving the process of making decisions for any activities related to the child including out-of-state vacation trips, participation in summer camps, educational expenses, and the like.

In the case both of you can’t seem to agree on anything that concerns child support and custody, you may opt to undergo co-parenting counseling. This type of counseling can be helpful to work out forming amenable decisions and agreements involving your child that both of you are okay with.

2. Division of Assets

Some couples who don’t have kids would prioritize the division of properties and holdings before anything else. Assets like bank accounts, real estate, retirement plans, investments, stocks, and furnishings can be subject to property settlement as deemed necessary by the court.

There are times when divorcing couples would try to settle the division of assets on their own. If that’s the case, it’s still better to hire a family lawyer that’ll help secure your best interests. You can also seek advice from a financial planner if you have an established financial priority that you want to be addressed.

For example, if your spouse wants to have retirement plans, will you be okay with getting the investment and stocks? These are some of the things you’ll need to decide on with your partner.

3. Marital Finances

If you haven’t been hands-on when it comes to handling and monitoring shared finances, you better get started on it as soon as possible. Check your bank accounts and how much money you both have as a couple, as well as debts.

Secure all copies of financial assets that you have to make sure you’re in the loop of everything. While this is your spouse you’re dealing with, you also have to keep in mind that this is almost like a business transaction and you need assurance to establish your gains.

4. Filing the Paperwork

Of course, you can’t get divorced without filing the necessary paperwork. As you communicate with a family lawyer, they’ll ask you to prepare the following documents:

  • Income Records
    This can range anywhere from paychecks to income tax returns over the last year. If you have businesses, you’ll need to prepare proper documentation for that, as well.

  • Real Estate Documents
    These documents include any legal paper or statements you have on mortgages and real estate you’ve acquired both as a couple and separately.

  • Marital Debts Papers
    Make sure to prepare all necessary paperwork that contains any debts you have incurred in your name or your spouse’s such as medical bills, credit card debts, or any type of loan.

Other documents you’ll need to prepare would be information about your marriage like your marriage license, as well as other documents that concern pension fund, life insurance, and any automobiles that you both own or lease.

In Conclusion

Divorcing couples have a lot of legal priorities to think about. Amid all these, try to be amenable to strike a compromise especially when it comes to the welfare of your kids.

Don’t rush things and take time to carefully digest the whole process of marriage dissolution. While it’s not easy, it shouldn’t get more complicated if you know what to prioritize and how to make and approach a legally sound decision you have to make as divorcing couples.

As arduous as it may be, take courage and do what you need to do for yourself and your kid’s future.




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