7 Questions Smart People Must Ask Before Getting a Divorce

When you go into a divorce fully informed about the process and the challenges you might face, you will feel more empowered. Taking the time to learn about how the divorce will affect you financially can help you plan for your future.

There are seven questions you should ask yourself and your lawyer before starting the divorce process.

1.   How much do I know about our joint finances?

Make a list of all of your joint accounts and make sure you have the correct usernames and passwords to access the online accounts. Take a look at each account and know all of the balances and tally up the automated payments that come out each month. Learn about your investment accounts, insurance, mortgage and car payments and any other debt obligations you share as a couple.

2.   Will I get any alimony?

Alimony, now referred to as spousal maintenance or spousal support, is a court ordered obligation from one spouse to the other. Typically the more “moneyed” spouse pays the other in order to help maintain their lifestyle after the divorce, however, the awarding of spousal support is at the judge’s discretion. They base the decision about whether or not to award spousal maintenance on a long list of factors that include how long the marriage lasted, the current and future earning power of both spouses, the age and health condition of each spouse and other factors. If a divorce is settled, then the two parties will negotiate the amount and type of spousal support, who will receive it and for how long.

3.   How will our assets be divided?

If you and your spouse can agree, then you can work out between the two of you how you will divide the marital assets. If your divorce ends up in litigation, the judge will decide how your property will be divided. Tennessee is an equitable distribution state, so the judge will consider your estate against a list of factors in the law. Equitable division does not mean equal, rather it means fair and reasonable. If the judge can find evidence that one spouse should receive a larger share than the other, then they have the latitude to do so.

4.   Is my spouse hiding assets?

If your divorce has been contentious and you think your spouse might be hiding assets be sure to let your attorney know. Not only is such a practice deceptive it is illegal. The court can hold your spouse in contempt if it is revealed that they have not disclosed assets.

5.   Can I keep the house / Can I afford to keep the house?

Your first instinct might be to want to keep the house because of your sentimental attachment to it and all of the fond memories you have in that place. Try to take a step back and assess your choices from a financial perspective.  Examine your expenses and decide if you can actually afford to keep the house.

6. How are my kids handling the breakup and divorce?

While you might be dealing with your own emotional breakdown about the divorce and all of the changes taking place in your life are you making sure that your kids are handling it well? Make the time to communicate with your children. Make sure they feel safe and help them to feel comfortable about asking you questions about the changes taking place in the family.

7.   How important is it to choose the right attorney?

The right attorney will make all the difference in whether you get the best settlement possible or you getting the raw end of the deal. Your attorney’s job is not to be your BFF. You want an attorney that will be strident, no-nonsense and will fight for your interests. You also want a lawyer who will explain what is going on and keep you informed without you having to call and leave a dozen messages before getting a call back. The bottom line is that your attorney will be your advocate in the legal system. You need to be able to trust them to represent you so that you can focus your attention on getting on with your life and moving past your divorce.

If you are considering getting a divorce you will want to talk to an experienced divorce attorney who will answer your questions and advise you about your legal options. Please contact the Law Offices of Adrian H. Altshuler & Associates today to discuss your case.