Are you and your spouse considering divorce? It’s a tricky subject and often, a point of contention. Taking the necessary steps to ensure you’re prepared can make all the difference. Hiring a divorce lawyer to help you with divorce planning is recommended for a myriad of reasons; one being that it can prevent a nasty trial in some cases.
Our San Jose divorce lawyers explain what you need to know to prepare for your divorce.
What Is Divorce Planning?
Divorce planning is done by a spouse with the help of a divorce lawyer. In the time leading up to actually requesting a divorce from your spouse, you will work with an attorney to plan out where you are currently and where you want to be after your divorce.
Divorce planning covers all areas of your life from your living situation to child custody. The end goal is to make your divorce as smooth as possible and to result in a favorable outcome for you.
What Areas Should You And Your Divorce Attorney Consider?
- How to tell your spouse – One of the most rattling parts of divorce is deciding how to broach the subject with your spouse. It can be intimidating and often very emotional. An experienced divorce lawyer can work with you to anticipate how your spouse is likely to react to the news, and how best to approach the subject with them for an efficient, logical conversation.
You may also need to plan how to tell your children about the divorce. This is something you can plan ahead of time and then collaborate on with your spouse after you’ve informed them of your decision.
- Where you will live – As a couple, you most likely have acquired property together. At the very least, you are on a lease together. You will need to create a plan with your attorney for where you will live. You can do this by planning out a budget to ensure you can afford new living situations. You will also have to consider where your children will live during the divorce if you have children with your spouse.
- Spousal Support – If you are the breadwinner or the sole earner of your household, be prepared for the financial responsibility you have towards your spouse. You may be required by court to pay spousal support during the divorce proceedings. If you are the non-earning spouse, don’t expect spousal support. It is not guaranteed. It is best to consider getting a job. A divorce lawyer can help inform you of your options, whether you’re the primary earner or the non-earner in your relationship.
- What about the children? – If you have children, there is a lot of planning to be done in this area. For instance, where will they live? Will you and your spouse share custody or do you plan to fight for sole custody? If you’re the primary earner, you will probably have to pay child support. You will need to work with a divorce lawyer to plan for the specifics of this future expense. If you are the non-earner, will you be requesting child support? If you and your spouse live in different districts, where will the children attend school, and how will the custody schedule work around that schedule?
- Paperwork – An experienced attorney can inform you of all the paperwork and documents you will need to file for divorce. They can also guide you through the filing process such as where to file and what the laws are regarding divorce.
Having an experienced divorce lawyer to help you with divorce planning is crucial. They can keep you informed and position you for the best possible outcome for your divorce. Whatever your position in the marriage, Lonich Patton Ehrlich Policastri is prepared to help you. Get strong representation to help you with your plan. Set up a free planning consultation today.