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Preparing For The Divorce Process

By , About.com Guide

Making the decision to divorce, to no longer stay in an unhappy marriage is the first step in the divorce process. Once that decision is made you need guidance and an understanding of what lies ahead once the divorce process begins.

If you and your spouse have children and assets, child custody and the division of marital assets is the most important aspect of the process you will go through during divorce. It is vital that you not only know what to expect but have a clear understanding of how to protect your legal rights.

On the other hand, if you have no children or very little in the way of assets the divorce process should be simple and quick.

Below are a few tips that will help you prepare for and get through the divorce process:

  • Know your state’s divorce laws. Hire a competent attorney but learning your state’s divorce laws is your way of making sure your attorney is protecting you and your rights.

  • If you have children become familiar with the different types of child custody. For you Dads out there who want to share in the parenting of your child, make sure your attorney understands that you want to petition the court for equal or 50/50 custody.

  • Before separating, make copies of all pertinent financial documents. You should have a copy of bank statements, bank accounts and numbers, retirement accounts, any savings accounts. Also, have a copy of any mortgage documents and proof of any other properties you and your spouse hold jointly. It is important that you keep a copy of everything you give your attorney in a file of your own.

  • Refrain from any behavior that will reflect badly on you if you and your spouse go to divorce court. Dating should be left for after you have a final decree of divorce. Many people separate from their spouse and jump into a rebound relationship.

    Although most states have no-fault divorce laws and any dating you do can’t be held against you, it is still in your best interest to wait before seeking out new relationships. The divorce process is riddled with emotional stress and legal stress. The last thing you need distracting you from the business at hand is a new relationship.

  • Learn how to deal with any conflict you have with your spouse. Anger and hostility have no place in the divorce process. Coping with the divorce process is difficult but learning to do so will make the process less stressful on all concerned, especially any children involved.

  • Last, but not least, take care of your children. If you have children put their needs first. Every parent has an obligation to his or her children, one that keeps the divorce from causing harm.

    Talk to your children about your divorce in a way that keeps them from feeling responsible and lets them know you will always be there for them. Don’t ever allow yourself to believe that children are resilient and will bounce back. Children are no more resilient that you or I and when their parents divorce it can, at times have long lasting negative effects.

    The trick to keeping your sanity during divorce is preparation. Preparing yourself both legally and emotionally for what is to come. Do that and you and your children will come through the process with few battle scars.
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