Getting a divorce isn’t something you should take lightly. It’s something you need to think through before you mention the possibility of separating to your spouse.
The team at Freed Marcroft see firsthand how overwhelming the emotional strain, legal complexities, and financial implications of a divorce can be. That’s why they recommend speaking to a divorce attorney before talking to your spouse about getting a divorce.
Learn More About the Process
Getting divorced is a complex and confusing process for those who have never done it before. From figuring out how to fill out the right paperwork to filing it properly, the shock of just how much there is to do catches many separating couples unaware.
Talking to an attorney ahead of your divorce can help you learn more about the process so you know just what to expect.
Your attorney can also help you estimate how long it might take for your divorce to be finalized. Based on your unique situation, they can help you determine whether you can expect it to take as little as six weeks or if your situation is complicated enough that it could take a year.
Find the Right Attorney
Talking to an attorney before you get divorced also helps you find the right attorney should you decide to go forward with divorce proceedings.
Getting divorced is usually something that both parties want to get over with as soon as possible, which means going with the first attorney you talk to. That’s never a good idea. It’s much more important to find an attorney who will go to bat for you. You want an attorney you work well with, and one who will make sure you get what you deserve.
By talking to an attorney before your divorce, you give yourself plenty of time to speak with a few different attorneys. That way you can choose the one that’s right for you before you officially declare that you want to get a divorce.
Collection of Evidence to Support Grounds for a Divorce
Each couple must declare the circumstances for the divorce. Depending on the grounds you choose, you may be required to prove your reason is well-founded.
Some grounds for divorce include:
- Adultery
- Cruelty
- Abandonment
- Mental illness
- Substance abuse
Talking to an attorney early will help you collect evidence should you need to prove your grounds for divorce. An attorney may also recommend a no-fault divorce based on your situation. If that’s the case, talking to them early gives you enough time to consider whether your spouse would be willing to file a no-fault divorce, or if you need more time to collect evidence for more serious grounds for divorce.
Discover What You’re Entitled To
Money is a huge worry when getting divorced. You may not think you can afford to get divorced, but after talking to an attorney, you may discover that you’re entitled to more than you originally thought.
For example, you may discover that you’re entitled to a portion of your spouse’s retirement plan. You may also qualify for spousal Social Security benefits after you retire, in addition to possible tax deductions depending on what property you retain.
Talking to an attorney allows you to see exactly what you might be entitled to, giving you a better idea of whether you can live with the financial implications of a possible divorce.
Discover Possible Risks
Finances are a huge risk in a divorce that an attorney can help you work through, but that isn’t the only risk. You may discover that a particular asset is shared, which means your spouse would have equal say in what happens to it. A potential custody arrangement may not be as cut and dry as you assumed either.
By speaking with a lawyer, you can uncover possible risks and devise a strategy to tackle them. Not only does it help you make a more informed decision about whether or not to get divorced, it also helps you prepare ahead of time if you do decide to get a divorce so a potential risk doesn’t take you by surprise.
The Possibility of Mediation
Using a lawyer for a divorce can be costly and time-consuming. A good lawyer won’t tell you it’s automatically your best choice. Instead, by speaking with an attorney about the possibility of divorce, they may recommend mediation as a possible alternative.
Using a mediator, you’re able to resolve issues without the court’s involvement. It is usually less expensive than a traditional court-ordered divorce. Your attorney may even be able to refer you to a mediator.
Mediation isn’t always an option. If it isn’t, you’ve already talked to an attorney who can help you get through your divorce with a court order instead.
Know What Not to Do
An attorney can advise you on what not to do ahead of your divorce so that the process is easier, should you decide to file.
For example, they may advise you not to get pregnant, as it can shift the focus of the proceedings from what’s fair and equitable for you to what’s fair and equitable for the baby. An attorney may advise you to stop paying down shared debt with your money and even tell you who you should avoid talking to about potentially getting a divorce.
Likewise, they can also give you tips on what to do. Whether it’s meeting with a therapist, talking to your partner, or what information to collect and share with them, they can make sure you’re as prepared as possible for a potential divorce.
Just because you speak to an attorney doesn’t mean you have to ask for a divorce. It simply enables you to get your ducks in a row. They can provide you with clarity around your situation so you can move forward in your relationship with confidence, whether you decide it’s time to end things or you want to put more energy into making things work.
