Being Prepared To Handle Your Divorce Proceedings

20 August 2020
 Categories: , Blog


If you have come to the conclusion that it is time to separate from your spouse, this can be an understandably stressful situation. However, it can also be relatively easy to manage for those that have taken the time to become informed about the divorce process.

Myth: A Divorce Will Always Have To Be Hard Fought Between The Spouses

An assumption that people will often share about divorce is the notion that it will always have to be bitter and hard-fought. In reality, many divorces will be fairly simple and basic. For example, if the couple did not share any major assets or have children, the proceedings can be fairly mundane. While it is possible for the divorce to go amicably, it is still wise to proceed as cautiously as possible and with a defensive mindset. This will help you to avoid putting yourself in a weaker position from the start of the process.

Myth: You Will Always Get Half Of The Total Assets

Individuals often assume that they will be entitled to half of the assets that the couple has. However, this is not always the case as it will typically be limited to assets that were accumulated during the course of the marriage. In other words, if a person already had major assets, such as a business, when they entered the marriage, they are likely to retain full ownership of this asset. There can be exceptions to this, but many states will utilize this approach as a default way of handling assets that were brought to the marriage by the partners. Not surprisingly, determining whether an asset was brought to the marriage or acquired during the marriage can be a complicated process as it may involve the need to review documents to establish the date that the asset was acquired.

Myth: It Makes Practical Sense To Share A Divorce Attorney With Your Spouse

The assumption that it can be efficient to share the same attorney for the divorce proceedings is a mistake that should be avoided. It is simply impossible for an attorney to adequately represent both sides of a divorce. This leads to a number of serious ethical problems that are impossible to avoid. As a result, you should always make sure that you have your own attorney to represent you through the divorce proceedings. For those that are needing a relatively simple divorce, the costs of these services are negligible while protecting their clients' rights. In divorce cases that involve major assets, ensuring that you have adequate representation can be especially important, which makes hiring your own representative the only prudent choice.

For more information, contact a divorce attorney in your area today.