Filing for a divorce is one of the biggest decisions you will ever have to make. Divorce finalizes the end of a marriage but it also brings up all of the financial aspects of your life together. According to Medline Plus, divorce is the legal means of dissolving the marriage so each spouse gets what's entitled to them. This generally involves splitting the assets and making the rules for spousal and child support if necessary. Create a checklist to take with you when you visit your divorce attorney.
Child Custody
When deciding to divorce, one of the first priorities of families with children is who will be their primary caregiver. Child custody involves who will be caring for the minor child after the parents are no longer living together with the child. Child custody generally goes to the mother with the father having visitation rights, but each case is different. The court would have to find the mother unable to care for the child or endanger the child's welfare in some way. According to Cornell University Law School, sole custody means that one parent has all of the legal power and abilities to make decisions for the child. If you have sole custody you can decide when your spouse sees your child unless the court orders otherwise. Joint custody involves both parents being able to make decisions about the welfare of the child. Custody is generally shared as stated upon by the probate court.
Income
Part of your divorce checklist you should take to your attorney involves how much income is involved within the marital household. The Divorce 360 website suggests creating a list of everything you own as well as the names and amounts of all of your debt. This is often called a discovery hearing and is one of the first hearings in a divorce proceeding. The discovery hearing will ask you both to submit copies of your pay stubs, income, tax forms and property that you own together or separately. This will help determine what spouse may have to pay support. Your attorney will try to look out for your best interest to get you the most out of the divorce settlement. Spousal support may also depend on the length of time you have been married and if your spouse supported you more throughout the length of the marriage.
Asset Separation
Before going through the divorce proceeding, making a final checklist of all assets is beneficial before being blindsided in the courtroom. The Modern Woman's Divorce Guide states that part of your checklist should include gathering documents relating to all of your assets and personal property. Your attorney will want to know if you own additional property, vacation homes and timeshares because these will all have to be agreed upon in the divorce proceeding. If your spouse does not agree to let you keep certain assets, you will have to buy him out of the property. Make a list of all of your fine jewelry, antiques, clothing and electronics that you acquired both before and during the marriage. If you can prove you had some items before you were married, they may be able to be disregarded.
