Deciding to get a divorce is a difficult and emotional decision. The procedure is complex, and involves difficult legal matters, and complex court procedures. You are going to have many hard questions about your divorce, children, finances, how to pay for it, separation, custody, and more, the good news is you are not alone. A local divorce lawyer is well versed in your states laws, and can ensure you legal rights and options are preserved. A divorce attorney will help protect your family, assets, and your interests, while navigating you through the separation process. Our divorce and family law attorneys have the advice and support you need to get through this tricky time.
legal rights & options:
Prenuptial Agreement: A prenuptial concord is drawn up to look after he interests of both spouses, and simplify a divorce. The prenuptial agreement details how the assets, property, debts, and other items related to the marriage will be handled if the marriage is annulled. The court will usually go according to a prenuptial agreement, as long as it follows the states laws and rules. If you have a prenuptial agreement, or wish to dispute yours, it is always best to consult an attorney who is knowledgeable of your states divorce and family laws.
Legal Council: When you make a decision that you want to file a separation, or receive notice that a split-up petition has been filed against you, you have the right to preserve legal counsel. Whether your divorce is uncontested, or not, having an lawyer will help ensure that you find the way correctly through the complicated legal processes. A divorce attorney will help you prepare for your divorce, fight for your interests in court, and help you negotiate a divorce settlement that fairly reflects your interests and needs.
file your divorce:
Filing for divorce is a scary and emotional time for a lot of people, but it also is a strict legal procedure, enforced and ruled by the court system.
Divorce Court Jurisdiction: When you file for divorce the state that the separation is filed in has jurisdiction or legal power over the divorce proceedings. When you file your divorce appeal it is most often done in the local county or district branch of the states superior or circuit court. In some state there is a particular division of the court dedicated to family law, and divorce petitions.
Residency Requirements for Divorce: When you are ready to file for divorce, and you locate the proper jurisdiction to file your petition, the court will require you to demonstrate your residency, and in many cases the state, and region will require residency as well. Generally, most states and counties need you to be a resident for at least 6 months before you file for divorce.
Filing the Divorce Petition: A divorce petition is the legal form filed with the court system by a spouse who wants to get a divorce. The petition is filed in court, and contains important information about the marriage, including the legal names of the spouses, children, assets, properties, and requests for support, custody, and other post marriage items.
secure your assets:
How to protect your assets in a divorce is a common concern for many people going through a divorce. There are important guidelines you should first take before doing anything else to ensure that your assets are protected during your divorce.
Speak with an Attorney: The first step to protecting your assets is gathering with a local divorce lawyer to discuss your case. Your lawyer will be able to give you important insight in your states laws, and how best to handle your assets for your particular situation.
Categorizing Your Assets: There are 2 primary types of assets in a marriage, communal or relationship property, and individual or premarital property. There are different laws to how these belongings are handled, and separating them from the start will make protecting and dividing the marital assets easier.
Identify Your Personal Assets: It is important to identify the assets that were known to you as a gift, inheritance, heirloom, or what you had before you were married. It is a good idea to write down a list of all of these assets, their worth, a picture, and proof that they are yours, and keep the list in a safe place. If any of your assets are in danger, make sure to move them to safe place.
Help With Your Post Divorce Financial Management:
Create a Budget with Priorities:
Pay Off Your Debt
After your separation placing your life together can feel overwhelming and impossible. It is much less difficult just to not try, and just continue your life without making changes. However making the attempt to change your life for the positive, and get out and experience life in a whole new way is an amazing opportunity. It is up to you to rebuild your life.
When you are looking to find direction, and make sense of your new life, negativity can cloud your judgment, and fog over the possibilities you just have to discover. Every day will be a battle, and only a encouraging attitude will protect you from your own negativity. Day by day it will start to get easier; you just have to believe in yourself. Anything that causes negativity in your life should be resolved or replaced.