Getting Separated Or DivorcedSeparation or divorce can prove difficult for anyone. The following suggestions will facilitate the legal process and provide valuable support along the way:
Thinking About Separation/Divorce- Select a family lawyer carefully, if you do not have one already. Investigate your options by looking into: lawyer referral services; national bar associations; referrals from family, friends or business colleagues; law directories; or by checking the yellow pages of your local telephone directory.
- Compare various legal services, fees and attorneys' personal qualities and abilities.
- Once you have selected an attorney, provide detailed information on why you might want a separation or divorce.
- Think about what kind of outcome you are seeking. Do you want to be separated? To have custody of the children? To receive ongoing financial support? To be awarded a specific piece of property?
- Ask about the various types of divorce and what legal steps are required for each.
- Ask any questions you may have regarding child support and visitation rights.
- Find out if your state requires counseling before separation/divorce.
- Inquire about what you'll need to include in the separation agreement or how to file for divorce.
- Find out how an annulment is different from a divorce and determine what grounds must exist in your state to proceed with an annulment.
- Find out if you are legally responsible for supporting your children or for other financial obligations, such as alimony for your spouse or outstanding debts.
- Determine who wants custody of the children and the next steps in the event you both desire custody.
- Inquire about child visitation rights.
- Discuss the division of your property.
- Determine whether you should file joint or single tax returns for that particular fiscal year, and if joint returns are necessary, determine who is responsible for the payments.
- Re-evaluate the contents of wills, trusts, advanced health care directives, insurance plans and any other important legal or financial documents.
- Assess your financial situation to determine how much money you have and how much you will need for your future. Take into account savings, pensions, investments, home equity and income from other sources. Consult a financial advisor for recommendations specific to your situation.
- If applicable, find out how soon you can date after the separation, or remarry after the divorce.
- Take time to consider your options. Discuss concerns about your marriage with close, trustworthy friends and family members. Or, locate a family and marital therapist or psychologist who can work through marital changes and concerns with you and any other family members, as needed.
- If you have children, maintain an open dialogue about the separation or divorce. Avoid venting your concerns to children, but respond to their concerns with care and reassurance. Maintain stability in vital areas of their lives during the transition.
- Join a support group. Speaking with others who have experienced separation or divorce can help ease this difficult transition. Source: LifeCare®, Inc., 2001
This publication is for general informational purposes only and it is not intended to provide any reader with specific authority, advice or recommendations. Where you deem necessary, we suggest that you seek advice regarding your particular situation from the appropriate professional.
Copyright© 2010, LifeCare®, Inc.
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