Divorce involves addressing several significant issues. These include deciding where a couple will live (physical custody), how much each spouse will pay in support and other financial matters, who will make significant decisions regarding the children (legal custody), and where and how property is divided.
Having a support network to lean on during this challenging process is essential. This can include friends, family, or counselors.
Gather Documents
You must collect personal information and documents before you file for divorce at divorce firm Red Bank NJ. Depending on your situation, these may include:
A copy of the deeds to any property you own individually (such as real estate, vehicles, and machinery) and all documents related to those properties, including mortgages, loan documents, and appraisal reports. You should also list any items that belong exclusively to you, such as artwork, jewelry, and family heirlooms. These should be given to a trusted friend or family member for safekeeping.
You will need copies of your income tax returns, pay stubs, and business records. Additionally, you should gather documentation showing any debts you or your spouse owe.
Finally, if applicable, you should get a copy of your pre-nuptial agreement or any other documents detailing how you want to handle property division, child custody, and spousal support; if you and your spouse cannot agree, the court might require mediation with a neutral third party to help resolve outstanding issues.
Service of Process
Most divorces involve the splitting of assets, including homes. It is a good idea to find out the rules in your state regarding property division before you start the process. It would help if you also considered the effect of divorce on your finances. Reviewing your credit report and getting an overview of your financial situation before deciding to end your marriage is helpful.
It would help if you also decided where you and your spouse will live until the divorce is finalized. This may affect your living arrangements and how you split expenses. You should also separate insurance policies and prepare for the future by updating the power of attorneys and advanced health care directives.
Many states require couples to live separately for a specified amount of time before they can file for divorce. New York, for example, has a waiting period of one to two years. Fault grounds are still available, however, and include fraud, cruelty, and adultery.
Negotiate a Settlement
The first step is to identify and compare all the assets, debts, and community property you and your spouse own together. This will allow you to pinpoint areas of disagreement. It can also help you develop a strategy for negotiating a settlement.
Emotions often impact the outcome of settlement negotiations. Taking steps to control your emotions is essential, especially before engaging in a negotiation session with your spouse. Failure to do so may result in making bad decisions or ignoring the legal advice of your attorney, and it could even prevent you from receiving a fair settlement.
Knowing all the facts is typically the only way to negotiate a settlement. This will involve a series of discovery requests (usually interrogatories and requests for the production of documents) to find all the information about assets, incomes, debts, and property. This allows your attorney to advise you based on the complete picture of your situation.
Filing for Divorce
Before the latter decades of the 20th century, divorce was a highly contentious matter, and many states required spouses to allege fault such as abandonment, extreme cruelty, or adultery to obtain a divorce. Today, however, most states allow spouses to file for what is known as a no-fault divorce on the grounds of irreconcilable differences. Some states also permit couples to file for divorce based on separation for a specified period.
In most cases, there is a private agreement regarding child custody, financial support, and property division. When this occurs, it is called an uncontested divorce, and it can be much less expensive and more amicable than a contested divorce case.
Before you start the legal proceedings, it is advisable to separate all credit cards, ensure you are up-to-date on payments on any joint bank accounts, and make copies of any legal documents held jointly with your spouse. This includes insurance policies, end-of-life plans such as power of attorney, advanced health care directives, and business ownership documents.
