If you have been thinking about divorce because your marriage is failing, someone cheated, your having economic problems, or you just want to get out of a bad relationship, there are a few thing to consider before untying the knot.
First, if you have kids who are under the age of 18, they should be your priority. Plan ahead and figure out how to break the news to your kids and how best to soften the stress of seeing there parents split up. I don’t know of a good way to break the news but I think reassuring them that both parents love and cherish them and nothing will change that is a first step. Kids are the true victims of divorce and it is difficult for me not to get angry with the parents when they try to use them to get to the other person, they need to be left out of the situation, period.
Second, if you have a prenuptial agreement or postnuptial agreement make sure to read thoroughly before moving out, it may say you get nothing and now your homeless.
Third, determine your assets (money in the bank or under your pillow, homes, cars (not the leased BMW or Mercedes) and anything else of value that can be sold) and liabilities or debts (credit card debt, loans, mortgages). Remember, in a divorce the court wants to equitably divide all your stuff, the good and the bad. Now, if you had assets or debts before the marriage, this should remain yours, this may be good or bad depending.
Fourth, are your the bread winner or is it your spouse, or do you both bring home the bacon. Well, the income of the parties comes into play when your dealing with child support or alimony.
Lastly, depending on the length of your marriage you may be eligible to receive alimony or be obligated to pay alimony. Alimony is a way to place one spouse in equal financial footing when the other spouse makes more money or is the only moneymaker. The classic example of a spouse being eligible for alimony is where the couple has been married for 30 years and one spouse is the sole breadwinner, the non-income producing spouse is eligible for alimony to put him or her on equal financial footing. This was designed for the homemaker who gave up their career to raise the children.
My name is Javier L Gonzalez, Esq. and I am a divorce attorney in the Magic City of Miami, Florida.