Posted on: 20 July 2016Share
The process of leaving a failed marriage can be an emotionally draining and legally complex process. Not surprisingly, it can be easy for individuals to make errors during this process that can lead to complications later. To help you avoid this risk, you may want to ensure that you are keeping the following three tips in mind while you ponder whether or not a divorce is right for your situation.
Create Comprehensive Records Of The Finances Of The Marriage
It is an unfortunate fact that individuals will often fight over the money and assets from a marriage. There are some individuals that will even go as far as to hide assets and money to prevent it from being shared with the other spouse. Unfortunately, if your spouse does this and you have no records of these assets, it can be almost impossible for you to get your share of these assets. To prevent this from happening, you will want to make sure that you create copies of any financial records. In addition to bank accounts, this should also include credit cards, loans, retirement accounts, and investments. By having this information, it will be difficult for your spouse to successfully hide these assets from you.
Retain An Attorney Before You Inform Your Spouse Of Your Plans To Divorce
Prior to telling your spouse of your plans to file a divorce, it may be wise to retain an attorney. This can be especially true if you suspect that your spouse will have a strongly negative or potentially violent reaction to learning about the divorce. Your attorney will be able quickly file for a restraining order if you feel threatened or endangered. Additionally, your attorney will be able to help you prepare so that you can start the proceedings as soon as possible after informing the other spouse.
Understand That The Other Party Can Not Refuse A Divorce
Some individuals may be trapped in an unhappy marriage, but they may be concerned about attempting to divorce because they may think that the other party will have to agree to the divorce. Often, individuals can be fearful of the other side refusing to sign the divorce papers. However, this is not a fear that you should have as someone can not force another person to remain married to them. In the event that they refuse to sign the papers, the court can simply rule in your favor on the pertinent matters of the divorce in what is known as a default ruling.