5 Things You Should Expect When Filing for Divorce
Filing for a divorce isn’t easy, whether the decision is mutual or one-sided. Having your feelings reserved or controlled is absolutely challenging under such an emotionally draining process that pretty much changes the trajectory of your life.
You often feel confused, angry, sad, or depressed during the divorce process. You can find peace of mind by learning how divorce and legal proceedings work.
Let’s see some of the common things you should expect after filing for a divorce.
1. Financial discovery process
Right after you file for divorce, both you and your spouse have to disclose all your financial documents, which is one of the key obligations. Full transparency is required to assess both of your financial situations.
Please gather all the necessary documents to ensure a smooth process later on.
Common items include:
• W-2 and pay stub for full fairness and transparency to uncover all of your assets
• Bank statements for checking, savings, and joint accounts
• Tax returns for the last two to three years
• Credit reports and credit card statements
• Investment and retirement account statements
• Insurance policies (life, health, auto, home)
• Mortgage statements, car loan statements, and other loan documents
Before engaging in financial negotiations, assess your own financial situation to ensure you receive a fair settlement.
2. Communication missteps
You let your emotions run high during a divorce, even out of control sometimes, without realizing you had it in you. This is a common emotional turmoil that anyone goes through during divorce proceedings.
Have stable mental support to get yourself together. Avoid lengthy emotional arguments and stick to clear and short communications, especially involving children, money, and temporary agreements.
Keep the communication in a calm and businesslike tone, and keep records of important exchanges. If you feel the communication is too volatile, consider a mediator or divorce lawyer to communicate properly.
Some common missteps include:
• Venting or bad-mouthing your spouse to others.
• Involving children in adult conversation and using them as a mediator.
• Making promises or agreements in writing without proper legal advice.
• Sending an angry or threatening message in the heat of the moment.
3. Child custody battle
If you and your partner have kids, getting custody or visitation rights is one of the most emotionally charged steps in a divorce. Courts will decide who gets custody based on the best interests of the child, which include a stable home and income, work schedules, and your cooperation.
If you want to prepare yourself for a custody battle, think through:
• An ideal parenting schedule that fits school, both parents’ work schedules, and other necessary activities for the child.
• How you will handle vacations and holidays.
• How you will determine your child’s future, the manner in which you raise them, and your capacity to co-parent.
• The court may grant joint or sole custody based on the parent’s influence and how it has affected the child.
4. Child and spousal support
Child support is calculated based on the ability of both parents to contribute to the child’s upbringing and essential needs like food, home, education, and medical expenses.
Spousal support is usually given to the lower-earning spouse by the spouse with higher income to establish financial stability. The rules can vary from state to state.
The court usually considers factors like the length of the marriage, both partners’ earning potential, and contributions and sacrifices made for the family during marriage.
5. Court hearings and trials
Though most divorces settle out of court, if your divorce becomes contentious, you have to be fully prepared for trials. The judge will be the only decision-maker to end your divorce with the settlements they think are fair.
Trials involve testimony, witnesses, financial experts, and detailed evidence about your parenting, conduct, and finances. The final ruling will be based on the evidence provided.
Key takeaways
• The first thing to expect is the financial discovery process. Compile all your financial documents and be prepared for negotiations.
• Don’t let emotions run high, and always maintain a clear and peaceful conversation by all means.
• Child custody is decided based on the parent’s stability and ability to provide.
• Child support is decided based on the child’s best interest, and spousal support is based on each spouse’s financial situation and their contributions to the marriage.
• Be prepared for court trials if it ever goes there. Have enough evidence to settle it fairly in court.
