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Legal Articles at Atlantic Legal Group:

Preparing for the Process of Filing for a Divorce

By John Dvorcek - Atlantic Legal Group P.A
March 30th, 2011

There are many reasons why a married couple may decide to end their marriage and each couples reasoning is unique to their situation. This article however serves to provide you with information as to the steps to take once the decision has been made; including, how to proceed with the filing process, hiring an attorney, and what is suggested you have prepared for your initial consultation with a lawyer.
Technically speaking, from a legal standpoint, a divorce or dissolution of marriage is the legal process by which a marriage is legally ended. 

There are several aspects of your life that are factored into the divorce process, beginning with the first discussion with your spouse. In going forth with your decision of getting a divorce the article Beginning Checklist: Planning to File for Divorce suggests that if you haven’t already talked to your spouse about divorce; consider what you will say and how you will say it. It is important to stay calm and to feel safe. A divorce is a very emotional time in your life and it is important to try your best to remain calm during your discussions.  The idea is to avoid as much emotional damage as possible. ("Beginning checklist: planning,”)


During your discussions, consider talking about things such as where you, your spouse, and children, should you have them, will live during  and after the proceedings. The more planning that goes into the process the better, and the more that you and your spouse can agree upon, the easier the process becomes. ("Beginning checklist: planning,”)


The next step will be the decision to hire an attorney. There are several factors that play in the divorce process. These include “Equitable Distribution (the division of marital assets), Child Support, Spousal Support/Alimony and Child Custody” (Trabano, 2011) An attorney will be able to help you sort through these issues and ease the filing process. The attorney is there to look out for your best interest, and their knowledge of local laws and procedures can be very beneficial


For more information Click Here to view our article “Top 5 Things to Consider when Hiring an Attorney”


Once you have contacted an attorney, you will be scheduled for an initial consultation. These are usually free and give you a chance to sit down with an attorney to discuss your case. To make the most of this meeting, LawInfo suggests that you have some things prepared and ready to bring with you to your first meeting, ("What to bring," 2008)


Any paper work you have been served should be brought with you, along with a prenuptial agreement if you have one as well as financial information such as income papers (i.e. Tax Returns, Pay Stubs)
Also a list of assets, such as real estate or financial investments that are jointly owned as well as a list of expenses that occur on a regular basis such as bills, grocery costs, education and child care costs ext.
Finally, a list of liabilities such as student loans, mortgages, car loans should be compiled and brought with you to your first meeting. ("What to bring," 2008)

A divorce is a life-altering event and is usually a very emotional time in ones life.  No two couples are identical in their reasons for making the decision to end their marriage nor is the process identical. The steps and advice given in this article serve to help understand some of the aspects of the procedure and the steps involved in the process.

 

Sources:
Beginning checklist: planning to file for divorce. (n.d.). Divorce 360, Retrieved from http://resources.lawinfo.com/en/Articles/Divorce/Federal/what-to-bring-to-your-divorce-consultation.html

Trabano, S.R. (2011). Divorce - the basics. Retrieved from http://www.hg.org/article.asp?id=21392

What to bring to your divorce consultation. (2008). LawInfo, Retrieved from http://resources.lawinfo.com/en/Articles/Divorce/Federal/what-to-bring-to-your-divorce-consultation.html

 

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