Divorce is stressful, even when both spouses are on the same page and working hard to be civil. This process may be one of the harder things you go through in life, but you can make it easier on yourself and your child/ren if you prepare before one of you initiates divorce proceedings.
There are several steps in a thorough preparation for divorce in Troy. A consultation with a local divorce attorney can help you set reasonable expectations and put yourself in the best place physically, emotionally, and financially before you initiate divorce proceedings.
Parents should prioritize easing their child/ren’s adjustment to living in separate households. Children discern far more than parents may realize, so being honest and direct about the upcoming divorce is often the best approach.
Many resources are available online to help parents have age-appropriate discussions about divorce. If the parents or child/ren see a therapist, they may provide helpful suggestions. Taking guidance from experts and adapting it to the children’s specific strengths and fears can help a parent navigate the conversations.
Parents must agree on where the children will live, how much time they will spend with the non-residential parent, who makes important decisions, and every other aspect of day-to-day life with children. Beginning these discussions early and soliciting feedback from the child/ren as appropriate, given their ages and maturity, can help the children feel more secure about the future.
Divorce is much easier when both spouses understand the couple’s financial position. Some couples assign one spouse to handle money matters, but when the couple divorces, both spouses need to understand how much they have, where it is, and whether it will be available to support them in the future.
Couples with pre-nuptial or post-nuptial agreements should review these contracts and determine how they may impact property division and ongoing spousal support. If the parties do not have an agreement designating separate property, each spouse should catalog their separate property, meaning everything they owned before getting married, plus anything they acquired by gift or inheritance since the marriage.
According to New York Domestic Relations Law § 236(5)(c), anything either spouse acquired during the marriage, except for inheritances and gifts, is marital property that is subject to equitable distribution. An equitable distribution is not necessarily 50/50, but the result must not leave one spouse with a significantly more comfortable lifestyle than the other.
There are several ways to accomplish a divorce. Understanding the available methods and choosing the one that suits the situation can make the divorce process much easier.
Some couples can negotiate with each other or use a mediator to reach an agreement on all relevant issues before filing for divorce. An uncontested divorce is the quickest and least expensive method of dissolving a marriage.
Collaborative divorce is another option available to couples who want their split to be fair and amicable but have complex issues to sort out. Each spouse hires a divorce lawyer and can invite other professionals to join the team. Everyone works together to resolve the issues of concern, and then the couple can seek an uncontested divorce.
When the couple cannot agree on all relevant issues, or there is a marked power imbalance in the relationship, a litigated, contested divorce could be the only option. The spouses’ attorneys would attempt to negotiate a settlement before trial, but the issues the couple must resolve before divorcing could end up in a judge’s hands. A litigated divorce may be more time-consuming, but it could be the best option for ensuring a fair and favorable outcome.
Even the most well-intentioned people may encounter obstacles as they navigate their divorce. Having a calm and competent legal representative on your side can be critical in keeping the process on track.
Choosing a local matrimonial lawyer you can trust should be part of your preparation for divorce in Troy. Call the Colwell Law Group today for a complimentary consultation to discuss your needs and goals for your divorce.
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