5 things to consider before filing for divorce
5 things to consider before filing for divorce
Divorce is a big decision in more ways than one. In my years supporting individuals and families through the divorce process, those who get through the process smoothly have something in common: they’ve thought the decision through thoroughly.
It is estimated that anywhere from 40 to 50% of all marriages end in divorce, with overall numbers declining since 2016. Young adults today tend to wait longer to marry and wait longer before making the decision to divorce. Those who choose to divorce set themselves up for a much smoother experience by hiring an experienced divorce lawyer.
Here are 5 things to consider before filing for divorce:
What is your vision for the divorce process? When you first sit down with your divorce attorney, you will have a conversation about what you can expect from the divorce process. Divorce requires a lot of decisions, paperwork, time, and patience. It can also be an emotional time, particularly if there are children involved. Having this in-depth conversation will help your divorce attorney understand your situation and vision for how you want the process to go, such as your wishes for custody arrangement or division of property. Once your divorce attorney understands your situation and desires, they will be better able to support you through the process.
Do you have the necessary documentation handy? When meeting with your divorce attorney for the first time, be sure to bring your valid marriage certificate. You will also want to outline the reason you are getting divorced, such as abuse or irreconcilable differences, as the attorney will need to prove cause. Your attorney will also help you understand the financial and legal steps you must take before submitting your application for divorce to the courts. While this may seem like an overwhelming process, these steps are made much easier with an experienced divorce lawyer by your side.
What is your ideal child custody arrangement? If you have children and are considering divorce, one of the best choices you can make is to choose to settle your divorce with mediation rather than litigation. When a divorce case goes through litigation, it is the obligation of the judge to decide custody arrangements. In mediation, you, your spouse, and your respective attorneys work together to find a custody solution that is best for everyone – especially the children.
How will your property be divided? The state of Wisconsin is what is known as a “community property state,” which means assets are divided 50/50 in a divorce settlement. When it comes to a home owned as marital property, this can make things complicated. Together with your attorney, you will need to decide if you are willing to sell your half of the house to your spouse, if you want to buy it from them, or if you will both decide to sell. This can be a contentious topic, and your attorney can help you understand your options and navigate this challenge.
Can you afford to get divorced? There’s no way around it: the divorce process can be expensive. In the state of Wisconsin, the average cost of a divorce is around $11,000. Add cost considerations to the other stressful elements of divorce and it can end up becoming quite taxing. Divorces that involve young children and custody disagreements can become even more expensive. Once again, having an experienced, empathetic attorney on your team will help you understand how to manage costs, stress, and all of the decisions you must make.
Are you planning to remarry? If you are planning to remarry shortly after getting divorced, you will want to consider your options when it comes to the length of the divorce process. Often, divorces get tied up in courts when documents aren’t followed on time or are filed with errors. Extensive disagreements between divorcing spouses can also lengthen the process. You may also have options for expediting the divorce process depending on your situation. Your divorce lawyer can help you navigate these situations and understand your options so you can get through the process as seamlessly as possible.
I’m Odalo Ohiku, one of greater Milwaukee’s top divorce attorneys. I am passionate about caring for my clients as whole people, providing strategic legal services that rely heavily on attorney-client collaboration. If you are looking for an experienced divorce law, family law, or general practice attorney in Milwaukee, give Ohiku Law a call today.