What Should You Consider While Filing for a Divorce?Photo from Unsplash

Originally Posted On: https://www.thoughtsonlifeandlove.com/what-should-you-consider-while-filing-for-a-divorce/

 

We all want to live in the love fantasy till we are old and grey. However, it is sad that a significant percentage of marriages in the United Kingdom end at a certain point. Divorce is considered a more complicated process than break up for the parties involved.

While at times divorce is unavoidable, what procedure should you follow to ensure you do not end up losing all your property to your divorcee? If you did not find an answer to this question, keep reading on to find some of the tips that will help you carry on the process effectively.

Consider the following factors while filing for divorce.

Who Is Filing for the Divorce?

Divorce is considered an expensive process that calls for the parties involved to consider ways to reduce expenses. Commonly, the petitioner who applies for divorce pays more than the respondent, which is close to twice the respondent’s. For this reason, you may wait for your spouse to file for divorce.

However, it is crucial to consider the grounds for the divorce. In the case where your spouse files for the divorce due to unreasonable behaviours, the court will require you to pay some of the costs incurred. Therefore, ask your spouse to file for the divorce where appropriate.

Terminate Joint Accounts

It is common for spouses to raid their joint accounts after learning about the divorce. These acts are attributed to anger or following advice from the divorce attorney in a clean break order in divorce. No matter the reasons for the raid, you want to make sure your money is protected.

Terminating joint accounts with your spouse is essential to avoid losing money on your end. It is necessary to involve your spouse and agree on how you will split the capital respectively. However, when you fear that your spouse will clean out the account, you can open a personal account and deposit your share to this account. You can also freeze the joint account for a while with the attorney’s order if you disagree on how to split the money.

Will You Stay in or Move Out?

Having moved in together and probably bought the home and equipment together, moving out can be a stressful decision. It would be best to stay in until the divorce process unless you are not dealing with an abusive situation, even after therapy. This is most effective when both parties have agreed on the divorce.

Moving out of a mortgaged property may give your spouse a chance to pay off the mortgage while the case is pending, which affects the judgment on property distribution. If you feel it is necessary to move out, pay your share of the mortgage and keep the documentation on the same.

Where moving out is the most appropriate action to take to protect yourself, do that. Any situation that threatens your safety, including domestic violence, should have you on your heels. However, consider talking to your attorney to ensure you don’t lose your property to your spouse.

Get a Good Divorce Attorney

Most often, couples undergo the divorce process without litigation. While this does not apply to everyone, especially those who cannot agree on divorce and property distribution, hiring an attorney is necessary. It is essential to know that taking on this route will be expensive and time-consuming.

On the plus side, getting an attorney general will help you understand the divorce process and increase your chances of getting justice. You should make sure the divorce attorney you get is professional and willing to litigate your case before the judge. Specifically, find an attorney who handles your case with passion and one who is willing to see you win the case.

Children’s Custody

Child custody is one of the stressful decisions to make during divorce. Due to the complexity of this decision, some couples may reconsider their divorce and stay together for the sake of their children. But what happens when the spouses cannot stay together anymore due to unavoidable circumstances?

Before filing for divorce, ensure you and your spouse have agreed on the child custody under fair terms. When the court is involved, several factors are considered, including the spouses’ economic backgrounds, age of the children, willingness to allow the children to have a relationship with the other parent, the relationship with the children before divorce, children’s preference, and sexual orientation. For this reason, the court can grant child custody to a less stable spouse if the child has suffered abuse from the other parent.

Conclusion

Divorce is necessary where marriage is no longer meaningful. It is preferable to end your marriage and start a new life. Divorce will not always be an easy situation, but these tips will help you have a smoother divorce process.