3 Questions To Ask Before Filing For Divorce
January 9, 2023 | Collaborative Divorce, mindful divorce
By: Chad Layton, Esq.
Deciding to end your marriage is a big step, period.
Generally, this decision comes after you have done everything that you can think of to save the marriage, and it has been unsuccessful.
When you know that it is time to go forward with a divorce, you may want to consider the following questions.
- Do I want to fight my Husband/Wife in court?
- Do I want to end my marriage with a legal battle?
- Do I want to fight in court for 18 months or more?
If your answer to all of these questions is no, then I would encourage you to consider a respectful and peaceful alternative to divorce litigation, Collaborative Divorce.
The Collaborative Divorce process does not involve any fighting in court. Instead, a team of professionals works with you and your spouse to identify and resolve all of the issues in your divorce through a collaborative marital settlement agreement.
After all of the unique issues and finances in your marriage are resolved, your collaborative divorce attorney will file the uncontested divorce in court and finalize the matter without incident.
However, the conversation should not stop there. It should continue past these initial queries to help you gather more perspective and clarity. Divorce is an emotionally draining and legally complex process. It is a decision that invariably alters your life trajectory and that of your family. Contrary to popular television, the process of separation is not just about signing a bunch of legal documents. It entails preparation by both you and your attorney, pragmatic and informed decisions, and many hard conversations.
Here, are a few more important questions that you may consider before deciding how you will approach your divorce.
1. Have I Exhausted All Other Options?
Divorce is the last resort and not the first option when facing marital issues. Have you tried talking out your differences, seeking marriage counseling? If not, consider these opportunities before closing the chapter. It could be beneficial not just for you, but also for your family.
2. Am I Financially Prepared For Divorce?
A divorce proceeding is not only emotionally taxing but can also be financially draining. Are you prepared to bear the legal costs, living expenses, and possible financial support payments? It would be helpful to gather necessary financial information regarding joint bank accounts, assets, debts, and mortgages. Consulting with a financial advisor may also be helpful.
3. Do I Have a Support System?
Going through a divorce can be emotionally challenging. It is crucial to have a supportive network of friends and family who can help you navigate through this difficult period. Consider seeking professional help such as therapists and support groups to maintain your emotional health.
4. Am I Prepared For The Potential Impact On My Children?
If you are a parent, your decision to divorce will inevitably affect your children. They may experience feelings of guilt, sadness, anger, confusion, and fear. It’s essential to reassure them about your unchanging love and support, and prepare them for the changes to come. Talk to your spouse and see if you all can agree to look for a child therapist to assist your children before and during your divorce.
5. Am I Ready To Move On?
Lastly, you must ponder on your readiness to move on after the divorce. Are you ready to let go of the past and start afresh, while also possibly tackling feelings of loneliness, stress, and anxiety?
Remember, divorce is not just about ending a relationship, but it’s about beginning a new journey. While the decision is challenging, with the right information and support, you can navigate through it with resilience.
If you, or a friend of yours, has questions about collaborative divorce in Palm Beach County, we are here to help.