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Divorce Advice

Divorce Advice

Divorce Advice: Tips for Navigating an Emotional Time

Divorce is an emotional and stressful event that involves numerous life changes. It affects not only the two people directly involved in the marriage but also their family and friends. During this challenging time, it is essential to prioritize self-care and seek out sound advice to help navigate the divorce process. In this article, we offer some useful divorce advice to help guide individuals through this challenging time.

1. Take Care of Yourself

Divorce can be emotionally and physically taxing. During this time, it’s essential to prioritize your health and well-being. Make time for exercise or other physical activities, eat healthy foods, and get enough rest.

Mental health is also critical during a divorce. Seek out support from loved ones or a therapist, either one-on-one or in a group setting. Taking care of yourself will provide you with the essential strength and fortitude required to handle the many changes that come with a divorce.

2. Secure Legal Representation

A divorce is a legal process, and it’s essential to ensure that you have appropriate legal representation. Divorce lawyers can provide legal guidance on matters such as alimony and child custody. They can also assist in negotiating the terms of a divorce settlement agreement.

When looking for a lawyer, select one who is an expert in family law and is well-versed in the divorce process. Ask for references and take the time to review the lawyer’s credentials and experience.

3. Avoid Making Big Decisions

Divorces often involve significant life changes, including moving to a new house, starting a new job, or dating someone new. During this time, it’s essential to avoid making hasty decisions. Instead, take the time to assess the situation, weigh the options, and research the potential outcomes before making any significant decisions.

4. Keep Children’s Interest in Mind

Divorces are often emotionally taxing for children as well. When navigating a divorce involving children, it’s essential to keep their interests in mind. Parents should strive to maintain open communication with their children and provide them with the necessary support. Seek out the assistance of a family therapist or mediator to help navigate complex custody and visitation arrangements.

5. Seek Out Professional Assistance

Navigating a divorce can be complicated, and it’s wise to seek out professional help. Family therapists, support groups, and financial advisors can all provide critical guidance and support during this challenging time. These professionals can provide objective advice and help navigate complex emotions, financial decisions, and legal requirements.

Conclusion

Divorce can be a stressful and emotionally draining process. During this challenging time, it’s essential to prioritize self-care and seek out sound advice. Securing legal representation, avoiding hasty decisions, and keeping children’s interests in mind are all critical components of navigating a divorce successfully. Seeking out professional assistance, support groups, and family therapists can provide essential guidance and support during this challenging time. With the right tools and support, individuals can navigate the divorce process successfully and emerge stronger and more resilient.


WHAT IS A DIVORCE?

Traditionally a divorce could only be decreed subject to certain conditions.

These conditions included: Cruel and Inhuman treatment; Abandonment; A specific period of time that one spouse has been incarcerated in prison; Adultery; and the legal determination of the insanity of one of the spouses. These conditions were prevalent among States that required a FAULT-BASED DIVORCE.

The modern trend, and the law in every State in the union, is to follow a NO-FAULT DIVORCE standard. These states do not require either spouse to show fault on the part of the other. In these situations the court need only find:

(1) That the marriage is no longer tenable,

(2) That certain conditions, known as “irreconcilable differences have caused the marriage to be irretrievable; or

(3) That the marriage is irretrievable.

In contrast to FAULT-BASED DIVORCE, a NO-FAULT DIVORCE is relatively simple and since New York’s adoption of the policy in August of 2010, it is accepted in every State in the Union.

WHAT IS A SEPARATION AGREEMENT?

A separation agreement is unlike a DIVORCE in that it does not legally terminate a marriage.

When a court orders a separation it will also outline the rights and obligations that each individual who is a party to the marriage has pertaining to child custody and support, division of property, and spousal support.

In essence, a separation agreement can be considered a “test run divorce.”

WHY WOULD I WANT A SEPARATION AGREEMENT?

There are a number of reasons why a separation agreement may be more beneficial to both you and your spouse. First, and most importantly, it allows time for the couple to be separated and determine whether or not the marriage can or should be saved without going through the finality of divorce.

Secondly, all those rights that go along with being married, including medical benefits, social security benefits, and rights associated with wills and intestacy law that only a spouse can benefit from.

If a separation does not solve the problem the married couple can go to court and petition for a CONVERSION DIVORCE. What this means is that the Family Court will take the separation agreement and convert it to a DIVORCE DECREE.

In many situations, the court will find that the specifics associated with child custody, child support, and spousal support are adequate if not argued during the period of separation and the court will institute these specifics directly into the divorce.

As with any other matter dealing with Family Law, these provisions are State-specific, and if an individual is considering a DIVORCE or SEPARATION AGREEMENT he or she should not only consult with an attorney specializing in FAMILY LAW but also research those laws that are specific to their jurisdiction.