3 Questions to Ask Yourself Before Filing for Divorce

A divorce can be a very traumatic experience, but with planning, the process can be one that fosters a win-win position for both parties. A couple can work together to attain the best possible solution for both parties, and enable an amicable relationship even beyond the divorce. This is important, especially where there are children or joint assets that still need to work together with your spouse. Experienced divorce attorneys would be able to guide the process, avoid unnecessary wrangles, and make the best decisions for either party.

In the US, the defendant in a divorce petition has up to 20 days to respond, according to Justia.com. However, in instances where your spouse does not respond to the divorce order, a one-party divorce petition can still proceed.

According to the American Sociological Association, the wife filed for divorce first – at least 70% of the time. However, in situations such as same-sex marriages, there are bound to be instances of “my husband filed for divorce” and even then, divorce attorneys experienced in dealing with gay couples would offer their expertise. So, whether the wife or the husband filed for divorce, planning the next steps carefully ensures a smooth process.

The end of a marriage is never an easy thing. However, some divorces are much more painful than others. If you plan ahead, you can save yourself at least a little heartache by avoiding complications. Family law attorneys specialize in helping you do just that.

The first step in filing for divorce is finding the right divorce lawyer. To do that, you need to ask yourself some serious questions.

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What are my legal rights?

There was a time when getting a divorce meant proving your spouse had done something bad enough to merit splitting up. Thankfully, at least in the US, that’s no longer the case. In 1953, Oklahoma became the first state to pass no-fault divorce law. No-fault divorce law allows either spouse to sue for divorce with only the claim of “irreconcilable differences.” California passed a similar law in 1970, which made a lot of people change their attitudes toward divorce. Today, every state except New York has adopted strict no-fault laws.

Do I need a child custody attorney?

If you’re a parent, your top priority is obvious. Ask yourself what’s best for your child or children. Should they live with you or your soon-to-be ex-spouse? What about visitation rights? Once you come to a decision, find an experienced child custody attorney. Keep in mind that mothers win primary custody 79.6% of the time.

About a quarter of all same-sex couples in the US have children living with them. If this applies to you, remember that child custody laws can become complicated when both parents are the same gender. Look for family law attorneys with experience helping gay couples.

Do I Need a Domestic Violence Lawyer?

Domestic violence is far more common than anyone would like to think. According to the Center for Disease Control, a quarter of all women and one in seven men over the age of 18 will be physically abused at some point in their lifetime. Many of those people, if not most, will suffer at the hands of a significant other. If your spouse has ever physically harmed you in any way, or even threatened to do so, take that very seriously. Find an attorney with experience with these kinds of cases. He or she can help keep you safe during the divorce proceedings. More can be found here. More like this article.

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