Legal Steps to Take When Your Spouse Asks for a Divorce
If your spouse asks for a divorce, it can be easy to jump from sadness to lashing out. Divorce is an emotional process, but when it comes to making sure you are legally covered you’ll want to make sure you take certain steps to protect your assets and other critical details that may impact your future. Below, the experienced divorce attorneys at Rodier Family Law discuss the legal steps you’ll want to take when your spouse asks for a divorce.
This can be easier said than done, but one of the most important things you can do when beginning divorce proceedings is to keep calm. Approaching the division of assets, property, and even custody of your children will often go better if you are able to approach the divorce process from a rational standpoint than from a place of anger and frustration. This doesn’t mean you may not feel those emotions at some point, but allowing your emotions to take over can lead you to say or do things that you might regret. Take a breath and stay calm before beginning negotiations.
Assess Your Current Prenuptial Agreements
An up-to-date prenuptial agreement, if you have one, may expedite the divorce process. If recent life events have occurred and circumstances have changed, your prenup may no longer be valid. During your divorce process, you may uncover information that directly relates to components of your prenuptial contract, and you may even learn that the contract was invalid from the start because your spouse neglected to disclose information at the time of your agreement. You should have your prenuptial agreement reviewed by an attorney to confirm that it is still valid.
Determine if Counseling is an Option
If your spouse wants to end your marriage and you do not there may be a resolution. While it is not an option for everyone, is counseling an option for you? Set some time aside to discuss your spouse’s desires and consider counseling if it’s an option that you’d both like to pursue. However, keep in mind that couples counseling may not be privileged as it pertains to the divorce process.
Review Your Estate Plan
If you put together an estate plan during your marriage, you most likely will need to modify it. If you were to pass away unexpectedly following your divorce and you have not modified your estate plan, your ex-spouse can potentially still have access to your assets. Additionally, you should review any beneficiary designations you have appointed for financial accounts including life insurance policies and retirement funds.
Do Not Agree to Anything Before Consulting an Attorney
Whether it’s dividing assets and other marital property or child custody, do not agree to anything before consulting with your own attorney. If you and your ex-spouse are unable to agree on how to separate your assets, the court will determine how your assets will be divided. It is important to speak with an attorney, such as the divorce attorneys at Rodier Family Law, so they can provide you with legal guidance to try to ensure your best outcome.
Speak To An Experienced Divorce Attorney At Rodier Family Law
The divorce process can be a tumultuous and emotional time, and the added stress can cause you to overlook important aspects. At Rodier Family Law, we want to guide you in these important matters that will affect your future long after the divorce is finalized. If you are considering divorce and want to ensure your assets are protected, contact our office to schedule a one-hour consultation and speak to an experienced attorney by calling us at (410) 803-1839.