What Do You Need To File For Divorce – Planning for a divorce usually means that things have gone past the point of no return—and with that come feelings of heartbreak, defeat, and maybe even betrayal.
However, this is not the case. If divorce is imminent, advance preparation is the smart thing to do.
What Do You Need To File For Divorce
Most people don’t want others to think of them as sneaky or underhanded, so there can be a natural tendency to simply avoid the subject.
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There are many good reasons to prepare and consider before divorce. For example, did you suffer domestic violence during your marriage? If so, what should you do to ensure your safety?
You should consider all options before filing for divorce and know that your circumstances are essential to staying physically, mentally and financially healthy during the process.
Being ahead of the game and preparing for divorce before filing is one of the best things you can do.
There are many articles and websites that provide information about divorce, but most people don’t want to be seen as sneaky or underhanded, so there can be a natural tendency to simply avoid the subject.
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But making the right move is making the smart move. Prepare ahead of time to avoid unforeseen pitfalls.
Born in south Texas, Shane understands that people prepare for hurricane season every year, even if we can’t predict when, we know a storm will eventually come.
If you are going on an important job interview, wouldn’t you prepare your resume and sharpen your interview skills to the best of your ability? Of course, would you?
What about planning for the purchase of your first home? Haven’t you studied your finances, talked to a realtor and a mortgage specialist to determine which home is best for your family? Of course you would.
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Planning for divorce is even more important because making a mistake can affect not only your future, but the future of your children.
There is no way to remove emotion from a divorce process. But you can’t let emotion drive your decision-making or shape your reality.
For example, let’s say that the man had an ongoing relationship with a co-worker. Of course you are going to be devastated by the news.
You want your pound of flesh and are going to make sure he never sees you or the kids again. It’s emotion—not reality.
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The courts are likely to issue orders so that both parents have as much time as possible with the children. Remember, the concern of the courts is the best interest of the child, not revenge on your behalf.
Another example, if you have been the breadwinner in the house for the past 20 years. Maybe your wife has never worked outside the home and you were the only contributor to the 401K plan through your employer.
In divorce, you want to keep what is yours and she can take care of herself. You believe you should get the house, the furniture and all YOUR 401k plan.
The court divides the marital estate in a just and proper division, which means your wife is entitled to 50 percent of the estate, even if she was never employed.
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Obtaining documents such as tax returns, W-2s, bank and credit card statements, and mortgage information is essential to any divorce case.
However, there are other documents that need to be in order before filing for divorce, such as day care expenses, car notes and utility bills.
All of this documentation can be used at a temporary injunction hearing so the court can decide who pays which bills to maintain the status quo.
Having this information ahead of time will give you a better understanding of the landscape during the divorce process.
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Divorce proceedings, especially when they involve children or large amounts of community assets, can take months or even years to complete.
And what happens when the divorce is final? Will you have child support to rely on? If so, how much? Can you afford to stay in the house, or will you have to sell? How will you support yourself?
These are all questions you should ask before filing for divorce. Understand that your lifestyle will change.
But how much of an impact it has on you is determined by how you’ve planned for your financial future.
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When your (and possibly your children’s) future is on the line, you need the best representation possible. Would you go to a dermatologist for advice on heart problems? Of course not.
So why would you hire the attorney who is a family friend who mostly practices labor and employment law?
Make sure you interview your potential attorney and ask them questions specific to your case. Also ask the lawyer how he or she approaches trial strategy, settlement and case strategy. Inquire about how many cases they usually keep on the books.
If you are even considering divorce, you already know the stress and anxiety that comes with it. It is extremely important that you take good care of yourself physically and emotionally. It is always recommended that you see a counselor or therapist before filing for divorce so that you can develop strategies to deal with this unfortunate event.
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Do not argue or discuss the divorce in front of them. No matter how old they are. Talk to teachers and counselors and let them know what’s going on, so they can be on the lookout for any symptoms of depression or anxiety in the children.
As they say, “this too shall pass” Make sure you are physically and mentally fit enough to handle the process.
Divorce is never easy, but being organized and making a plan will make it less stressful. Be prepared before filing for divorce.
Shane is an experienced and aggressive family law trial attorney who is committed to helping clients facing a difficult challenge. Ending a relationship is always challenging, but if you are a married couple, you must also consider the legal implications of your situation before and during the divorce. The choices you make during the marriage and after the divorce can have a big impact on alimony, child support and how the divorce goes.
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1. You can choose fault or no-fault grounds. Delaware provides for both, but choose wisely. You can file for divorce on the grounds of mental illness, adultery, incompatibility or other grounds. Debt does not give one spouse the advantage when it comes to dividing marital assets.
2. You must be separated for six months before filing for divorce. More importantly, the decisions you make during and before the separation can have an impact on your divorce. If you have an affair during or before the separation, you can be accused of adultery – even if your marriage was irrevocably over and you both agreed to date other people. Likewise, if you live apart from your spouse during your separation, you may end up paying them back payments since you are essentially creating two households, complete with the costs of two households, while you are still legally married. When considering divorce, you will want to speak with a Delaware divorce attorney to ensure you understand state rules so you can adequately protect yourself.
3. Once the divorce order is issued, one spouse will have to submit property division requests and financial reports within 30 days. After that, the other spouse has 30 days to respond. Thirty days may seem like a lot of time, but since there is usually some emotional upheaval and the upheaval of separation, it can be difficult to find everything you need. For this reason, it is important to gather financial documentation and consult with an attorney before filing. One thing you should not do during a divorce is cause a delay. You don’t want to miss a deadline.
4. How long you were married may not reflect the longevity of the estate. If you were together for a long time before marriage, your marital assets may include assets you had before marriage. This especially applies to couples who have lived together for years before marriage and same-sex spouses who have been together for a long time before they were legally allowed to marry. If you have a long history with your spouse before marriage, consult a divorce attorney for help.
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5. You must be a resident of Delaware for at least six months before filing for divorce in the state. Only one of you needs to meet the residency requirement, but if you’ve recently moved, keep in mind that you may have to file in another state or wait longer to file.
6. You have other options for divorce. Mediation is a popular choice for divorcing couples and you can also find forms and templates at a law library or courthouse for a do-it-yourself divorce. However, this is not always the best option. If your spouse is seeking legal advice or the divorce becomes contentious, working with a Delaware divorce attorney can ensure that your rights are protected.
Even if you and your spouse agree that your marriage is over, divorce can be a difficult process and things can change quickly. Emotions can enter
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