Family Law

Questions You Should Ask Yourself Before Filing for Divorce

By J. Benjamin Stevens

A divorce can be one of the most stressful and emotionally involved experiences of your life.  The more prepared you are when beginning the divorce process, the smoother the process will be for you. Therefore, it is important to ask yourself the following key questions to make sure you understand the legal process and are prepared for the emotional involvement a divorce requires:

• Would it would be beneficial to speak with a marriage counselor, either individually or as a couple? Even if you think there is no hope for saving the marriage, talking to a professional might help you recognize where things went wrong, and how you can avoid similar behavior in the future.
• Is it a financially good idea or bad idea to get a divorce in this economy? Although there are signs that the economy is strengthening, a lot of individuals still have not fully recovered from the effects of the economic downturn.  As a result, getting a divorce now may cost you more than it would if you 'stick it out' and wait until the economy is moving in strong positive direction.
• Can someone refer you to a qualified divorce attorney?  A divorce is a complicated procedure and you will need someone to not only advise you but listen to your needs and concerns as well. You'll be spending a good amount of time, and money, with your divorce attorney, so it is critical that you shop around until you find an attorney that fits your personality and needs.  Referrals from friends and family that have gone through a divorce can be a great resource to consider.
• Do you have all of your financial documents in order?  It is absolutely critical to have all your financial documents gathered and in a safe place before filing for divorce. During a divorce, your bank account statements, credit card statements, retirement and brokerage account statements will be looked at with great scrutiny. Doing the legwork before filing for divorce and gathering all these documents will help not only keep costs down (from having your attorney search for these records), but also help keep the emotional toil down as well.
• What steps can you take to safeguard your assets during separation?  Consider whether you should take possession or certain assets, especially those you wish to continue using such as your car or other personal belongings. Also consider whether you should protect your credit score by closing out joint credit cards and bank accounts.
• What are your goals of the divorce? For some, the goal is short-sighted: they just want to end their marriage. For others, the goal is to be put in a situation to where they can move on to greener pastures and continue to grow in their personal lives. Whatever the reason, it is important to ask yourself what your goal is and communicate this with your divorce attorney.

You can read more about each of these items here.

Source: "Questions to Ask Yourself Before Filing for Divorce" by Nathan Anderson, published at the Dallas Divorce Law Blog.

Full post as published by SC Family Law Blog on March 15, 2010 (boomark / email).