Should I File First? 3 Things To Know About Divorce and Separation
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While divorce rates are decreasing in recent years, 41% of marriages still end in divorce. These rates are even higher for second and third marriages. No matter how emotionally challenging a divorce is on everyone involved, being aware of the legal regulations can keep things from getting much worse.
Speak To An Attorney
Prior to making any conclusive decisions surrounding your divorce, it is essential that you first speak to an attorney. A Henderson divorce attorney can help you navigate all of the complex laws that can make a seemingly simple situation deceptively complex. Because the circumstances surrounding divorce are already stressful enough, the last thing that you need to be is confused about how to adhere to the state regulations surrounding divorce proceedings. Speaking to an attorney preemptively can help save you from a world of stress.
Don’t Rush Your Move
Before you even consider moving out of your home, you must be sure to let your attorney know that you plan on relocating. Many people considering a divorce have left the house in the heat of the moment, and because of that, they were either forced to pay extra alimony or were unable to collect alimony. Before leaving, the courts must officially divide the property, and this process can sometimes take more than 12 months. The best course of action is to remain in the home until you have spoken with your attorney, unless you happen to be in a particularly dangerous situation, in which case, contact the authorities immediately.
Understand The Implications
In the event that you happen to have been involved in any extramarital affairs, then it is even more imperative that you communicate with your attorney before speaking to any other parties. The admission of an affair can have much direr consequences than many people are initially aware of. In the event that your spouse happens to be eligible for alimony, then any of your sexual behavior with a third-party could wind up becoming very expensive. The alimony statute permits a judge to possibly require evidence of fault when determining the amount of alimony to be awarded. An alimony claimant is not required to explicitly prove that the spouse is at fault to be granted post-separation support.
In certain cases, there may be alternatives to court proceedings. In a collaborative divorce, both spouses may hire an attorney and resolve the case without taking the matter before a judge. Mental health professionals and neutral financial specialist may be involved in the process. Divorce is a trying time that can be drawn-out and complicated. Understanding how divorce works and hiring the right professionals to help you can lift unnecessary burdens off your load.
