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Family Lawyer’s Tips for a Good Divorce


— June 24, 2020

Even if the divorce was an amicable one, you should always at least consult with a divorce lawyer before filing your paperwork.


The term, “a good divorce” may seem oxymoronic. However, if you and your spouse have made the difficult decision to end your relationship, you can either spend a lot of time arguing and getting nowhere or split as quickly, amicably, and painlessly as possible. 

A divorce attorney can act as an objective third party and guide you through the process of dissolving a marriage. There are a few steps you can take to ensure that your divorce goes as smoothly and painlessly as possible. 

Don’t Surprise Your Spouse 

There are some situations such as those involving domestic abuse in which you may have to file for divorce without letting your spouse know. If it is at all possible, you should make your spouse aware of your intention to divorce them. It is not usually a good idea to surprise them by serving them with papers.

Man on sidewalk watching woman walk away with her bags; image by Jurien Huggins, via Unsplash.com.
Man on sidewalk watching woman walk away with her bags; image by Jurien Huggins, via Unsplash.com.

It will be easier to divide property and make child custody arrangements with someone who is not blindsided. 

Do Not Rush Into a Settlement 

When a person wants to end a marriage, it is natural for them to want to get it over with very quickly. It may be tempting to let your spouse keep whatever they want just to get the divorce over with. However, in the long run, you will want to be able to retain the property and money to which you are entitled. Your spouse should also have to retain their fair share of the bills. 

Be sure to gather all of the paperwork you have documenting any assets or liabilities you have acquired during the relationship. You should also figure out how things will work in terms of health insurance if you are covered by your ex’s policy or if they are covered by yours. 

Before deciding on who gets to keep the house, you should decide if you even want it. Be sure to figure out how much you will pay in taxes and how much maintenance will cost you. 

Do Not Date Until the Divorce is Final

There is a minimum six month waiting period from the time you file for divorce to the time the marriage is actually dissolved. It is customary for people to live apart during this time. 

Although you may feel lonely, it is never a good idea to have a romantic relationship with anyone during this period. As you are still married, being intimate with someone else will still be considered adultery. Although it is not illegal in the state of California, an extra-marital affair can be grounds for a judge to give more money to the person who has been cheated on.

Finding a Good Attorney

Even if the divorce was an amicable one, you should always at least consult with a divorce lawyer before filing your paperwork. You and your spouse can hire an attorney together to help you with the paperwork and the division of property. They can also help you make a custody arrangement that is acceptable to the courts. 

If your divorce is not an amicable one, you will need a trained attorney to help get you the money that you deserve. A good divorce lawyer will be well versed in the California legal system and they will understand the criteria for child support, child custody, and the division of property. They will have an excellent reputation with the state bar and they will keep you apprised of developments in your case.

A divorce is one of life’s most difficult experiences, but if it is handled properly it can give you a fresh start. Visit lindseylawoffice.net for more information.

Authoritative Sources:

https://www.cnbc.com/2020/03/25/coronavirus-lawyers-expect-a-rise-in-divorces-after-self-isolation.html

https://www.calbar.ca.gov/

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