The Ultimate Pre-Divorce Checklist

The Ultimate Pre-Divorce Checklist


Divorce or separation is an unpleasant time for couples to go through. However, when emotions are involved, which usually are, things can get ugly fast. It is important for a lawyer to step in, to act as an unbiased third party so that both spouses have the help and guidance they need. Since a lawyer will be a trained individual and someone who had seen their share of divorce and family disputes, they can have the best ideas for how to proceed and when.

Though divorce might seem simple enough, one of the many things a lawyer will tell people are facts that they are either unaware of or forgotten. Though it is common, there is a certain procedure and regulations to follow when a couple files for a divorce. They might want it done quickly, but there is a list of things to keep in mind before the work is actually done. These include:

  1. Evidence of either adultery, unreasonable or dangerous behavior, abandonment, two years separation with consent or a five year separation without proper consent.

  2. There are times when one couple wishes to have a quick divorce on the base of adultery; unless there is visual proof, it cannot be done. Here, a lawyer will advise the client to file a divorce under ‘unreasonable behavior’.

  3. Usually, ‘unreasonable behavior’ is common and courts do not look into it too much. Unless there is serious evidence for them to look at, they will simply grant the divorce without looking too deeply into it.

  4. People have a misconception about divorce because it looks like celebrity couples get it done pretty quickly. This makes people get frustrated, because their divorce takes more than six or seven months. The process is long, even for the rich and famous.

  5. In most cases, the grounds on which a divorce is being filed has no significance in asset division or child custody.

  6. There is no need to go to court unless there is a serious conflict of costs, arrangements on children and finances. All of these can be easily done with both parties and their lawyers present.

  7. Because the laws encourage people to pay for financial support voluntarily, this does not mean they are bound to do so. Voluntary agreements are not binding. This means that if a party has stopped paying, after everything has been agreed and finished off, it is not against the law.

A lawyer from an agency with a good reputation can give separating spouses the help they need. They can make them aware of basic facts, including the ones just listed. Though the court encourages both parties to make an effort together, it is hardly ever done. This means that once a divorce is brought to the table, the need for help of an excellent attorney is not far behind. Moreover, a good attorney is the only way you will not feel emasculated because going to court can be very rough. Out of court settlements are always the best way out.

Michael Gordon has been helping divorcing couples for many years. His work has proved valuable as he sits in and takes notes on divorce proceedings. He recommends for any divorce-related consultancy.