Five Points to Consider Before You Ask for a Divorce

You may have been thinking of getting a divorce for years. Perhaps you endured just one devastating event, and that was enough for you to now insist upon getting a divorce. Whatever your situation, know that divorce is complicated and challenging in almost all cases. Consider the following before you officially ask your spouse for a divorce.

If you have been thinking of divorce for years, perhaps you have already taken all the time you need to think. However, if there was one devastating act of betrayal or some circumstance that you recently discovered that has precipitated your decision to file for divorce, the best thing you can do is simply take some time to make sure that divorce is truly what you want. In many cases, a spouse files for divorce and serves divorce paperwork during an emotionally tense time when tempers are flaring. Later, under calmer circumstances, they may change their mind. However, because they have already served paperwork on their spouse, it may constitute a point of no return.

Before rushing into anything, consider speaking with a professional counselor who specializes in marital challenges. Remember, once you serve divorce paperwork on your spouse, you may not have any choice but to move forward with the divorce.

Before you make the decision to file for divorce, you should seriously take a close look at all of your finances. This is especially true if you are not the one who typically handles all of the financial arrangements within your marriage. You may find that your spouse has either been hiding money, or that you do not have the amount of money that you think you have. How will you take care of yourself financially following a divorce? Check all of your bank accounts, safes, safety deposit boxes, retirement accounts, and any other assets you may have. Take an inventory of your finances prior to asking for a divorce so that you are well equipped to understand any discussions regarding finances at a future time. Additionally, it is important to note that you should never spend a great deal of money on frivolous or expensive items prior to divorce, as that can be seen by the court as depletion of marital assets.

While you have likely already considered how a divorce would affect your children emotionally and psychologically, you may not have taken the time to consider how an actual child visitation or child custody schedule will look. Take time to consider what type of child custody schedule would benefit you and your children the most. However, you should know that no matter what your preferences are, the court will always go with what is in the best interest of the child. This is a common standard used by most courts, and while it is subjective, it typically tends to allow both parents access to the child as much as possible. It typically ensures that both parents remain financially responsible for their children, as well.

You should take the time to consider where you will live following the divorce, and how this will affect your children, as well. If you do make the decision to leave the marital home, there is a chance that this may work against you if you want to stay in the marital home or keep the marital home following the divorce. However, if you believe you are in danger in any way, or if your children are in danger, you should leave the home immediately and contact law enforcement and a local women’s shelter for assistance.

One of the most important things that a spouse can do before asking for a divorce or serving divorce paperwork is consulting with an experienced divorce attorney. An attorney can help ensure that your legal rights remain protected and that you make the best possible decisions for you, for your finances, for your children, and for your future. Before you serve paperwork on your spouse, contact an experienced divorce lawyer at Arnold & Smith, PLLC in Mooresville, North Carolina at 704.370.2828. We can help you understand your legal rights. Contact us by phone or online today for your free consultation.