The process for each divorce is unique depending on the specific circumstances in a case. From staying in the marital home to property division, During Divorce offers tips and info on many of the common issues that men face once a divorce is underway.
Once a divorce has been filed, there are many different complex procedural steps and aspects of family law you must understand to successfully navigate the divorce process, which makes research crucial.
The During Divorce section offers information and tips for many of the common issues that arise throughout the proceedings, such as property division, maintenance, courtroom etiquette, divorce procedures and more.
One of the biggest mistakes that guys make during the divorce process is to move out of the marital residence. While this is an enticing option for many who are going through a contentious divorce, it immediately puts you at a disadvantage in a number of key areas that create additional hurdles to overcome throughout the divorce.
First of all, you may be required by the court to continue covering the mortgage and bills of the family home even though you are no longer living there. Having two sets of bills is often not a feasible financial option, particularly since a divorce often takes more than a year. You may also lose daily access to your children, which can be extremely detrimental when it comes to determining a custody a visitation schedule.
Dividing property is often one of the most disputed issues that a divorcing couple will face, as it can be difficult to agree on what is fair division of assets. It is important to know whether you live in an equitable distribution or community property state, what these laws entail, how to differentiate between separate and marital property and the factors court uses to determine how property is split.
Additionally, you should realize that coming to a settlement outside of court is often the best method to receive an acceptable agreement. It can be challenging, but when both parties agree to good-faith negotiations and avoid taking a stand on certain items out of principle, you a far more likely to achieve a satisfactory division of assets.
Alimony can be a very difficult area to negotiate since most people would preferably avoid continuing paying their ex spouse for years, if not decades, after the divorce has been finalized. Knowing the different kinds of alimony offered by your state and what they entail, as well as the factors courts use to determine the award can better help you prepare financially for the future.
It should also be noted that alimony does not usually have rigid formulas like child support, and judges often have a lot of discretion when it comes to determining the length and amount of an alimony award. You should be sure if you are paying alimony to include very specific provisions in your divorce settlement that define the duration, amount and factors to modify or terminate the obligation.
Often one of the most time-consuming and expensive aspects of divorce, discovery is also one of the most critical aspects of the process. This allows you to gather evidence to support the claims you make in your case as well as look at the claims the opposing party is making to come up with a solid defense.
The discovery process can be very thorough and includes sending disclosure requests, interrogatories, subpoenas, depositions and more. While it may be an exceedingly stressful part of divorce, honesty and quick responses to requests for information will help the process end faster and help prevent you from hurting your case.
Appearing In Court
Since many who go through divorce have never stepped foot in front a judge before, the importance of courtroom etiquette cannot be stressed enough. Everything from how you look to how you address the judge will play a role in how you are perceived, which may play a bigger role in your case than you might think.
Holding the courtroom in high esteem and following the right procedures is crucial for making a good impression on the judge who will be signing off on a document that will impact the rest of your life. It is important that you avoid doing anything that casts a negative light, such as showing up in non-professional attire or appearing disrespectful and rude.