Divorce is no easy task. It is a legal process that requires you to make informed decisions at every step along the way. If you are thinking about getting a divorce, here are some important questions to ask yourself as you begin the process.
What Are You Expecting? Are Those Expectations Realistic?
Getting divorced inherently involves some element of compromise. Neither you nor your spouse will be able to get everything you desire, so you need to set your expectations accordingly. A divorce professional will be able to advise you of what to expect during the process, as well as help you implement a strategy that’s geared toward protecting your interests as much as possible.
Is It Possible for You to Have an Amicable Divorce?
When divorcing spouses are willing to work together, they can often finalize their divorces relatively quickly and with minimal added financial burden. Even if you do not think that you and your spouse will be able to come to terms, it is well worth considering your options for pursuing an amicable resolution.
Will You or Your Spouse Need Financial Support After the Divorce?
Unlike child support (which is typically required when parents live separately), spousal support (or “alimony”) is not an automatic given. The law provides for the payment of spousal support in very specific circumstances and there are strict limits on the duration of alimony depending on the outcome of the case.
Which Assets Will Be Distributed?
Maryland is an “equitable distribution” state (as opposed to a community property state). What does that mean for you? Equitable distribution typically involves a three-step process: identifying all property that both spouses hold (including pre-marriage property and property obtained through inheritance); determining the value of the property deemed to be subject to distribution; and ensuring both spouses receive an appropriate amount of such property (which may or may not be an exact 50/50 split).
What Are You Hoping For With Regard to Child Custody and/or Visitation?
If you have children, establishing an appropriate plan that protects your children’s best interests is understandably among your top priorities. Whether you work full-time or are a stay-at-home parent, there are a number of steps you can take to improve your chances of securing your desired custody or visitation rights. A skilled divorce professional can help you determine what’s best for you.
Do You Know About and Have Access to All of Your Important Records and Account Information?
When going through a divorce, the more information you have, the better. As you begin to prepare, you should make sure that you have copies of all important family and financial records. Additionally, if you have joint accounts or personal bank or retirement accounts that you access online, you should make sure you have the current login name and password. If your spouse has access as well, it may be advisable to take steps to prevent him or her from draining those accounts (but you should not do anything in this regard without first obtaining appropriate legal advice).
