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Steps to Prepare for the Divorce Process

Making the decision to divorce your spouse is never an easy one. The first step towards preparing yourself for divorce happens that minute when you decide that you no longer want to stay in an unhappy marriage. Divorce can be a strenuous and emotionally draining process and it affects everyone involved, including your children. That is why you enlist the help of an experienced divorce attorney and you familiarize with the process so that you know what to expect.

If you have children or a large amount of assets or debts, you will have to resolve many underlying issue during your divorce. A child custody arrangement will need to be implemented and a division of property will have to take place. At Barnholtz & Kugler, we want to do everything in our power to simplify the divorce process for our clients. Here are a few helpful tips to help prepare yourself for what is to come:

1. If children are involved in your divorce, it is important that you familiarize yourself with the different types of custody and learn what the court looks for when determining custody in your state. Read about the difference between legal custody and physical custody and ensure that your attorney knows the custody arrangement that you want to petition to the court (ex: 50/50 custody or full custody).

2. As a parent, you understand that your children are your top priority. It is vital that you advocate for them and put their best interests first so that the divorce won't bring them harm or too much pain and suffering. Talking to them about the divorce and what it means could help them cope with the changes and it could keep them from blaming themselves and feeling responsible for the divorce. They just need to know that you will always be there for them no matter what.

3. Make sure that you are award of the family laws and divorce laws that pertain to you according to the state that you live in. Every state can have differing statutes in this area and you want to make sure that you are protected.

4. In the event of a divorce, all community property will have to be divided between the two parties. Before you separate from your spouse, be sure to make a copy of every important legal document. We encourage our clients to make copies of all bank account statements, retirement accounts, savings accounts, mortgage documents, property titles, car titles and things of that nature.

5. Once you and your spouse make the decision to separate or divorce, it is important that the two of you learn how to peaceably communicate and resolve conflicts during this difficult time. If you are able to come to an amicable agreement of the terms and conditions of your divorce, the process will run a lot smoother. The less hostility the better, especially if children are involved.

6. During a divorce, the court will be looking at your behavior and your actions. Any wrong choices or behavior could reflect badly upon you and may or may not affect the final judgment of the divorce. Even though most states operate with a "no-fault" divorce system, try to refrain from dating or starting new relationships during the divorce process. This process can be stressful and emotional enough without adding the distraction of a new relationship.

The secret to a successful divorce is preparation. If you prepare yourself and your children for the changes to come, then you will be able to keep your sanity and the transition will be much smoother. If you are considering filing for divorce, contact our Valencia law firm today to discuss your case.