Even if you remain amicable with your spouse, going through a divorce can be an emotional and challenging experience. When you make the painful decision to end your marriage, you’re forced to deal with the legal process of negotiating property division, child custody, and other terms.
Unfortunately, many divorcing couples can’t agree on the terms of their divorce. Multiple disputes can arise, forcing each party to fight for what they believe they’re entitled to. The court often needs to step in to resolve the matter, leaving the spouses with minimal control over the outcome of the case.
Whether you’re pursuing a contested or uncontested divorce, there are specific steps you should take during legal proceedings. There are ways to protect yourself and improve your chance of reaching your desired result. Below are five tips you should follow to win your case if you’re going through a divorce.
Hire a Lawyer
You might not realize the profound effect a divorce will have on your life and future. Divorce impacts not only the couple but their parents, kids, and friends. If you don’t have an experienced and dedicated legal team in your corner, you could lose your children, marital home, or the money you worked hard to earn.
Whether you or your spouse files for divorce, you should seek legal representation immediately. Your divorce attorney can help you navigate the complex process of custody arrangements, property division, and other issues you face. If you trust your spouse to keep their word regarding any agreements you made, they could blindside you later, preventing you from leaving the marriage with what you’re entitled to.
Create a List of Your Assets
When emotions run high, one spouse might attempt to hide assets or charge frivolous items to a joint account, increasing the couple’s shared debt. You don’t know how your spouse will react when you file for divorce. It’s best to protect your assets at all costs.
Write a detailed list of every asset you own, separately and jointly. You should maintain copies of your financial records, such as bank statements, credit card statements, and contributions to a retirement fund. If you own your marital home, motor vehicles, and other personal property, obtain documentation about that property, as well.
Remain in the Marital Home
Despite how you feel about your spouse, you shouldn’t pack up and leave the marital home. The court could deem your actions as you giving up your rights to this particular asset. Your spouse could even claim abandonment, allowing them to pursue custody of your kids or receive alimony payments.
If you intend to keep the home you and your spouse share, your best option is to continue to reside there. It will be challenging if neither of you chooses to leave. Seeing them every day while handling divorce proceedings can cause turmoil within the home. However, making rash decisions can negatively impact the outcome of your case.
Avoid Digital Communication
It’s normal to feel frustrated with your spouse while negotiating the terms of the divorce. You might send them a text out of anger, threatening to take their kids away or damage their personal belongings. Unfortunately, divorce lawyers can gather digital evidence and use it against a person during legal proceedings.
Your case could benefit if you avoid any form of digital activity until you finalize your divorce. That includes posting on your social media accounts. Boasting about a recent promotion or raise at work on your Facebook page could give your spouse the ammunition they need to demand alimony or higher child support payments.
Be Respectful of Your Spouse
Even if your spouse makes the process of getting divorced as complicated as possible, you should continue to treat them with respect. Yelling, threatening, and fighting can only exacerbate an already contentious legal matter. You don’t want to give your spouse a reason to drag out the process unnecessarily or disagree with the terms you already negotiated.
Some divorcing couples can’t see past their emotions and fight about everything. Unfortunately, that creates an unsuitable environment for children to reside in and prevents couples from settling matters during divorce proceedings. If you can remain respectful of your spouse and their wishes, it might be easier to avoid a courtroom battle and get your interests met while finalizing the divorce.
If you want to file for divorce and need a lawyer to assist you with the process, do not hesitate to contact Marshall & Taylor PLLC.
Our Raleigh divorce attorneys have experience representing clients in their cases and fighting to protect their rights and future. You can count on our legal team to guide you through the complicated aspects of your divorce and resolve the disputes you face.
Call us right now at (919) 833-1040 for your confidential consultation.