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Some Important Things To Do Before a Divorce

Posted on May 16th, 2020 by Oddo & Babat, P.C.

Divorce Attorney

People often approach an impending divorce from their spouse in one of two ways. They may go into denial, pretending that everything is good and trying to hold something together that is clearly falling apart, or they may rush into the process without properly preparing themselves or their children.

Neither extreme is healthy. Because divorce is a life-changing and usually irreversible process, it is important to try to approach it systematically and make plans ahead of time. Before filing for divorce, here are some important things to think about and take care of.

1. Consider Your Children’s Interests

If you have children, their best interest is something that you should think of before you consider anything else. It should be the principle guiding every decision you make during your divorce. Therefore, it makes sense to take some time to carefully consider how your decision to divorce will affect your children. The effects may last longer than you realize, though most children eventually recover from the trauma of their parents’ divorce.

2. Prepare Yourself Financially

Divorce can be costly. Not only will you have to pay legal fees and other expenses related directly to the divorce, but you will also have to support yourself. Even if you receive spousal support, you will not have the access to shared funds that you once did. For these reasons, you should start saving money in preparation for being on your own during and after your divorce.

3. Update Your Estate Plan

It is important to do this as soon as possible, since you do not want your ex-spouse to make decisions on your behalf in the event of your death or incapacitation. Therefore, you should start taking steps now to change your estate plan. It may not be possible to entirely disinherit your spouse until after the divorce is final. However, you can begin the process by appointing a new power of attorney, health care proxy, etc.

4. Establish a Support System

When you are no longer able to depend on your spouse, you will need other people whom you can lean on and go to for help during and after the divorce process. This may include family and friends, as well as professionals such as attorneys, doctors, and counselors. Be aware that friends may feel as though they are being asked to choose sides between you and your spouse. Their loyalties may not always lie where you expect.

It is usually in your best interest to hire your own attorney, separate from your spouse’s. A skilled divorce lawyer would be happy to discuss how he or she can assist you with the divorce process.

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