Are you considering a divorce? It’s a big step and while it may be a necessary one, there are some things to think about before you file. If you want everything to go smoothly, you’ll need to do a little planning and during this time, it’s usually not a good idea to threaten divorce until you’re ready to actually file.
What should you take into consideration first? Here are three things to look at before you file.
Why Do You Want to Divorce?
In many marriages, there are rough points and there may be a number of small issues that have led to this decision. However, you’ll need to present the reason in order to file and that means providing proof that your marriage is irretrievably broken.
This may occur for several reasons, including:
Adultery: If your partner has cheated on you with someone of the opposite sex and you cannot live with them any longer, this reason is accepted in the court of law.
Unreasonable Behaviour: Domestic violence is the most common reason for divorcing under this option. You’ll want to document several examples of unreasonable behaviour, whether that’s abuse of some sort or neglect.
Desertion: If your spouse has left you for two years, with the intention of breaking up the relationship, you can file for divorce. It can be tough to prove this one, though.
Separation: If you have been separated for two continuous years and both want a divorce, you can get one. This also applies to five-year separations, which allow you to file for divorce without consent from your spouse.
What Do You Want to Happen with Your Children?
If you have children with your spouse, there is the question of custody. This can become heated rather rapidly, so you should consider reasonable options before you file. In the end, if you can’t agree on a solution, the court will decide the matter of custody, but you should have a plan in mind before you begin divorce proceedings.
Children are often the most affected by divorce and while that’s certainly no reason to stay in a bad relationship, you can take steps to ensure they are well cared for. This may involve having someone else look after them while you sort the divorce out and discuss their ongoing care. Try to keep them away from the conflict.
Is Your Marriage Legally Recognised?
If you were married in a religious ceremony, but not a legally binding one, your marriage may not be legal. In this case, you can’t actually file for a divorce, since the marriage doesn’t exist. This can cause many issues when it comes to separating and dividing property, as well as sorting out child custody.
Once you’ve looked at all aspects of your marriage and how it should end, you will need to contact a divorce lawyer. You can file for divorce on your own, but it’s often complicated by the spouse and other factors. It’s best to be legally certain when you go through everything and a lawyer can help.
Need a divorce lawyer? Contact Richard and Lewis to learn more about how divorce works.