Getting a divorce usually isn’t as simple as just ending a marriage. A legal marriage is essentially a contract by law, and you should be aware of all the details that go into getting a divorce if you’re thinking of filing. By informing yourself of these four facts, you may have an easier time managing your divorce proceedings and the other legal implications that are involved in dissolving a marriage.
Community Property Laws May Apply
If you live in Idaho, Texas, or another state where community property laws apply, you and your spouse have equal ownership of any property that was acquired during the marriage. The two of you will need to reach an agreement on how the property will be divided fairly, and your attorney will help you with this process. Property that you owned before you got married is solely yours, with some exceptions, so you won’t need to worry about surrendering these items to your spouse.
Divorcing Outside the Courtroom
You might think that a courtroom is the only place where you can dissolve a marriage legally, but there are other alternatives that may be better for you. If you and your soon-to-be former spouse agree to a collaborative divorce, you and your attorneys and possibly some other advisors can meet at another venue to discuss the terms of the divorce and reach an agreement. Your divorce attorney will advise you on whether it would be better for you to end your marriage from a legal standpoint in court or through a collaborative divorce procedure based on the specifics of your case.
Emotion vs. Fact
Going through a divorce is usually an emotional process that involves a lot of feelings of anger, resentment, and sadness. Letting your emotions get the best of you when you’re making important decisions about your divorce can be detrimental to your efforts and may result in choices that hurt yourself and other people without achieving the best outcome. It’s important to look at the facts of your divorce instead of letting your emotions dictate all your decisions. You’ll definitely want to try to keep your emotions in check and have an objective frame of mind as much as possible if you have kids and are making decisions regarding child custody, child support, and visitation agreements.
The Importance of Honesty
You’ll want to be forthcoming during your divorce and avoid hiding any information that could have a major influence on your case. If you try to hide assets from your spouse, you could face stiff legal consequences and jeopardize your chances of keeping the property that you want. You may also be ordered to pay fines and your spouse’s attorney fees if you’re dishonest about any important information. Being dishonest about your living situation can additionally cause you to lose custody of your children.
A divorce is a decision that shouldn’t be taken lightly, and you’ll want to obtain as much knowledge about the process as possible to make things easier on yourself. The attorney you hire can also serve as your legal representative and give you advice during each phase of the process that may help you dissolve your marriage with fewer challenges.
Author information: Lizzie Weakley is a freelance writer from Columbus, Ohio. In her free time, she enjoys the outdoors and walks in the park with her husky, Snowball.