Things to Keep in Mind Before Filing for Divorce

Filing for divorce is an emotionally stressful process. A lot of couples turn to divorce only as a last resort after months or years of trying to save their marriage. If you are planning to file for divorce, you should keep a few things in mind to make the whole process as smooth and as stress free as possible, for both you and your spouse. Before you file for divorce, it is important to carefully think through and consider the points listed below to make sure your rights are protected throughout the process.

Financial situation – Knowing as much as you can about your family’s financial situation will help you get a fair divorce. Go over all the recent financial documents, like tax returns, bank statements, credit card information and loan statements, etc.

Understand your budget – The divorce will not only affect your family’s financial situation, but it will also affect your budget. So apart from understanding your family’s financial situation, you should understand your own budget. You will need to plan a budget to give you an idea of how much money you will need to live on, where the money will come from, and how much you will be expected to pay in case you have a child. You also need to manage your current finances, because now two households will have to be supported.

Custody of children – If you have kids, whatever decisions you make should be in the best interest of your children. The court will also always look at the best interests of children to make the whole process as smooth for them as possible. If you are planning to seek child custody, you should keep track of all the time you spend with your kids and how you will justify what you are seeking in court.

Family home – You also need to decide what you will do with the family home. If the home is a burden for one adult to maintain, it may be better to sell it if there is equity in it. However, the person given custody of the children may wish to continue to use the family home after the divorce.

Preliminary Steps – Before you take any legal steps, you and your spouse may wish to try marriage counselling. If your spouse is not comfortable with the idea of counselling, you can at least get counselling for yourself. If things do not work out, you should talk to an attorney who can explore all the aspects of your divorce with you. Your divorce lawyer should be experienced and knowledgeable in family law and he or she should explain the divorce process to you.


Guest author Richard Jacobs is chief editor of DwiDuiDefenseLaw, a website that helps you to find the right DUI lawyer for you, if you need one. You can search for a Philadelphia DUI Lawyer or for Orlando DUI Lawyer online, anytime.