4 Things You Need to Know Before Going to Divorce Court
Divorce proceedings will prove to be a trying period for all parties involved. A divorce is a serious legal action that should only be considered in the case where there is no other option. Divorce is not only a means to end a marital relationship, but also incurs various legal consequences, which makes the decision to get a divorce the best and last possible option in regards to a marriage.
Before going divorce court, there are certain steps that one should consider. These steps will not only help during the legal procedures in divorce courts, but can also help reduce the mental and emotional stress of a divorce. Four things that one should consider before going to divorce court may include the following:
MAKE AN INVENTORY - As it will prove to be general knowledge, going to the divorce courts will often times involve the division of assets as a result of the divorce. Therefore, it is important to make an inventory of all of the marital assets and debts and liability. Making a list of all that is owned is crucial in determining the overall value of assets, and thus, taking careful inventory will provide for a more accurate assessment.
Furthermore, all things that gained during a marriage will be considered as marital property, which will also include all debts incurred during the marriage. Determining which debts apply to which spouse is important in order to properly divide the liability equally and appropriately.
CONSIDER THE CURRENT LIVING SITUATION – A divorce is bound to cause a certain amount of stress between spouses, which can be further heightened due to living arrangements. In many cases, both spouses can live together without much incident and not result in significant altercations. However, many will often decide to make different living arrangements before going to divorce court in order to avoid any unwanted confrontations or situations.
It is recommended to consult a lawyer before deciding to move out of the home due to possible legal ramifications. If the couple must remain living together due to economic reasons, it is important that both spouses communicate as best as possible in order to establish the least possible stressful environment.
KNOW THE APPLICABLE DIVORCE LAWS - Because divorce procedures are under the jurisdiction of each individual state, divorce laws will differ from one state to another. Knowing how particular laws or statutes apply to the specific situation can help make the issue less stressful.
Knowing the rights and obligations of a divorce before going to divorce court can also help the individual be more aware of the legal processes and possible consequences that may derive from the divorce court decisions. Divorce laws can prove to be complex and often times confusing, and thus, it is strongly recommended that legal counsel be employed in order to have the best representation in divorce courts.
DIVORCE SHOULD BE THE LAST POSSIBLE OPTION – Going to divorce court should only occur in the situation the marriage has no possible remedy, and that the relationship between spouses is not possible to be maintained. Divorce can be emotionally charged, though one should do his/her best to keep emotions out of the procedures.
It is almost always recommended that before a couple goes to the divorce courts that marriage counseling be sought. A couple can often times resolve the marital problems and issues with the help of counseling, and thus, help avoid bringing such disputes to divorce courts that could have been resolved through alternate means.