Going through a divorce is a difficult time for everyone involved, and it’s important to make sure that you are taking the right steps to ensure that your best interests are secure. Divorces can become complicated if not handled correctly, so it’s important to understand the legal process.
Legal Considerations
When two people decide to separate, they may encounter a number of legal issues that must be addressed before either party can move on and start a new life. It is important to consult with legal counsel, who can guide you through the steps involved in the separation process.
Before you take any steps, it is advisable to consult with a family lawyer who can provide accurate information and advise you of your options under the law. A qualified family law attorney can provide advice on divorce proceedings, spousal support, division of assets, and custody concerns. They may also be able to help you work through difficult personal issues that could arise during a separation agreement.
Financial Implications
When separating from a spouse, it’s important to understand the financial implications, not just the emotional and legal ones. Being informed upfront can help individuals navigate a separation with clarity and less stress. Here are some tips for keeping finances in check when contemplating or going through a separation.
Do:
- Start tracking expenses as soon as possible – Keeping accurate records of all financial transactions is essential for making sound decisions about assets, liabilities, budgets, and other financial issues that arise during a divorce.
Source: sofi.com - Consider becoming financially independent – Separating your joint finances doesn’t necessarily mean you’ll need to divorce right away but creating space between you and your partner can be beneficial during separations.
Separate accounts provide each partner more control over their own finances during the transition period while they assess their changing needs and future outlooks. - Secure your personal information – During separations, one partner may have more control over the family finances than another so it’s important to protect your identity by securing any credit cards or accounts under only your name, password-protecting all accounts, personal data security on all devices (i.e., laptop/computer hard drives), etc.).
Don’t:
- Don’t follow in-laws’ advice – Families often want what’s best for everyone involved—but opinions may be biased or rooted in emotion rather than practicality when it comes to separations from spouses—which can lead to misinformed advice that ultimately hurts more than it helps when it comes to money matters during these transitions processes.
Source: familyeducation.com - Don’t fall victim to predatory activity related to funds transfers – The Internal Revenue Service cautions couples considering a separation don’t change how they spend money until they’re divorced if they share group tax returns/payments as many changes made within two years could lead them vulnerable to additional taxes fraud & other issues stemming from them.
- Don’t forget about credits & benefits – Couples separating need to make sure they look into which benefits make sense in light of their new relationship status early on; many employers offer end-of-the-year bonuses or housing credits applicable only certain filing statuses that change once individuals separate form their spouses & update their tax statuses appropriately.
Custody and Visitation
If parents cannot come to an agreement, they can look into mediation services or state law to make decisions regarding their child’s custody and visitation rights. In some cases, the court may appoint a guardian ad litem (GAL) who represents the child’s interests in any proceedings related to custody or visitation.
When making decisions regarding custody and visitation arrangements, it is important for parents to understand the options available for each parent. It is also important for parents to consider how these decisions affect everyone involved in creating parenting plans such as siblings and extended family members.
During this time, it is essential that both parties act responsibly and provide carefree environments for the children to grow up in.
Property Division
In most states, married couples who are in the process of divorcing will have their marital assets divided according to state laws. It is important to understand whether your state follows an “equitable distribution” or a “community property” system.
Under equitable distribution laws, assets are divided according to what is deemed to be fair and equitable by the court. Community property states divide marital assets evenly between the two spouses.
In some cases, couples will enter into a written agreement on how they would like to divide their property; this agreement must be approved by the court for it to be considered enforceable. If you do enter into such an agreement, it should include provisions for any possible future changes in circumstances or income.
Additionally, regardless of your location or whether you’ve reached an agreement with your spouse, any transfers of property must still be:
- filed in public records; and
- recorded with a recorder’s office
in order to ensure validity and enforceability over time.
It is important that all decisions regarding the division of marital assets are made carefully and thoughtfully as these decisions could have lasting financial implications on both parties’ future lives.
Seeking legal counsel can help guide you through this process and ultimately ensure that your rights as well as those of your spouse are protected during divorce proceedings regarding the division of property.
Emotional Support
Separating from your spouse can be a tough experience, so it’s important to remember that you aren’t alone. Vocalize your emotions, accept offers for help, take time for self-care, and don’t discount counseling when it is needed.
It’s also essential to find someone with whom you can talk through all of the complex legalities involved in your separation; this could include a lawyer or other trusted professional. No matter how big or small your problem is, it can help to have an experienced hand guiding the way.
- Surround yourself with a supportive network of family and friends who will listen objectively and offer assistance or comfort in times of need.
- Vocalize your emotions and accept offers for help.
- Take time for self-care and don’t discount counseling when it is needed.
- Find someone with whom you can talk through all of the complex legalities involved in your separation; this could include a lawyer or other trusted professional.
- Have an experienced hand guiding the way.
Conclusion
Separating from your spouse is never an easy decision to make, but with the right legal advice and guidance, it can be made easier.
The most important thing to remember when considering separation is that you should always have a clear understanding of the law and what will be required of you legally. With these dos and don’ts in mind, you can rest assured that your legal rights are being respected throughout this difficult process.
