Many know that January is a popular month for couples to start consulting with divorce attorneys about dissolutions of marriage. This January is turning out to be no different than in the past. In New Jersey, an online magazine is offering up some essential divorce tips you might be missing.
Divorce Planning
Divorce is one of the most consequential decisions you will ever make — in both emotional and financial terms — it’s essential your interests are protected. New Jersey’s online magazine has four essential tips you may be missing if you’re planning a divorce and have already started the research.
Don’t compare yourself to everyone else
One of the biggest mistakes people make when pursuing a divorce is seeking information about the divorce process — or the likely outcome of their own divorce — by comparing themselves to divorced family members and friends.
Even worse, many people look online and compare themselves to what they read from anonymous online sources. It is often difficult to undo the preliminary `research’ clients conduct, as each divorce is different from the outcome of that of a friend.
Comparing your divorce to your friend’s divorce can result in a skewed perception of how a divorce matter will proceed and could result in unrealistic expectations.
Don’t wait to get a lawyer
People often become their own worst enemies, especially if they decide to count on their online research skills or do it yourself divorce experts.
There is no limit to the information you can learn about divorce, custody, alimony and support on the internet. Be aware that some of this information can be sound, and some is just plain wrong.
One of the hardest situations any divorce attorney has seen is that potential client who has scheduled a consultation after they already signed a marital settlement agreement resolving all issues, and it is clear that they signed a terrible deal.
Although not always the case, many of these unfortunate people are then faced with some tough advice that what they did may not be able to be undone.
Make sure your rights are protected and hire an attorney to guide you through the process.
Florida Divorce Planning
I’ve written on many divorce issues and divorce planning. In Florida, a divorce is called a “dissolution of marriage.” Florida is one of the many states that have abolished fault as a ground for dissolution of marriage.
The only requirement to dissolve a marriage is for one of the parties to prove that the marriage is “irretrievably broken.” Either spouse can file for the dissolution of marriage.
You must prove that a marriage exists, one party has been a Florida resident for six months immediately preceding the filing of the petition, and the marriage is irretrievably broken.
The reason for the irretrievable breakdown, however, may be considered under certain limited circumstances in the determination of alimony, equitable distribution of marital assets and debts, and the development of the parenting plan.
The divorce process can be very emotional and traumatic for couples as well as their kids. Spouses often do not know their legal rights and obligations. Court clerks and judges can answer some basic questions but cannot give legal advice.
Only an attorney can provide legal advice. Statutory requirements and court rules must be strictly followed, or you may lose certain rights permanently. Be careful to seek expert advice early in the process and hopefully not after you signed an agreement or went to court on your own.
It’s important to only take legal and financial advice from a lawyer and a trusted financial professional. They will be able to objectively help you through your particular situation with the most effective and beneficial advice and strategies.
Consider other professionals, too
While a family law attorney is essential to protect your interests, other professionals can help with the process.
Consider bringing in a forensic accountant who is familiar with Florida divorces, property divisions, how alimony is arrived at, and how child support is calculated. Also consider that many people use financial advisers in addition to forensic accountants.
Knowing both the financial and tax implications of divorce are extremely important as the decisions you make can impact your financial goals for a lifetime. Financial professionals aren’t the only ones who can help.
In collaborative family law cases we always use a neutral divorce facilitator who is a trained psychologist, and I encourage clients to work with a therapist to get through an emotional process.
Don’t let emotions take over
Resolving a divorce can be an important business decision and emotions can ruin the best deal. Indeed, it’s easy to make emotional decisions during the divorce process.
Clients should try hard to put their emotions aside, which can sometimes be easier said than done, and view the choices they have to make as part of the divorce process as business decisions.
Seeing divorce as a business transaction is a good strategy, but if someone is consumed by anger, guilt or other emotions, they can’t focus on the numbers and is not prepared to negotiate.
The New Jersey article is here.