Contemplating a divorce can be emotionally trying, and if your spouse doesn’t know that you’re considering ending the marriage, you may simply not know how to proceed. There is no one-size-fits-all plan of approach for telling your spouse that you want a divorce. There are, however, some things that you should consider prior to sitting down with your spouse to discuss divorce. Patrick McLain Law recommends considering the following.
Be Certain That Divorce Is What You Want
Divorce is a legal process that ends the marital contract. It may not be necessary to divorce your spouse if you’re just going through a rough patch. In many cases, a trial separation may provide you with a different perspective and you may decide not to terminate the marriage. Ultimately, you’re going to decide for yourself whether the divorce is right for your situation. Just be sure.
Ensure Your Emotional And Physical Safety
Announcing that you want a divorce can be emotionally devastating to your partner, even under the most ideal circumstances, but if your spouse is prone to violence or is sometimes using alcohol and drugs, a face-to-face conversation may not be in your best interest.
If you are in a situation like this and feel that you need to discuss the divorce in person, try to do it in a public place or with a witness present. It may be important to you show a certain degree of respect to your spouse, but your safety and the safety of your children should come first.
Try Not To Discuss It In Front Of The Children
If you have children, it’s often best to exclude them from the initial discussion. Again, your spouse may not be ready to accept that you want a divorce and will react emotionally. Your focus may not be on providing your children with the comfort that they need during that moment of revelation. Once you and your spouse have come to terms with the divorce, you can develop a way to approach the children that can help them avoid unnecessary scarring.
Take Inventory Of Your Assets
Your marital assets will be inventoried and divided during the divorce process. Florida, for instance, uses an equitable distribution model for property division. That means that whatever is determined to be marital property will be distributed during the divorce settlement. It’s not uncommon for spouses who are facing divorce to commute or hide assets. This practice is illegal, but of course, the courts have to be aware of the hidden assets to enforce their decision.
Speak To An Attorney First
Depending on how certain you are that you want a divorce, you may want to schedule a consultation with a family law attorney. They can advise you of the best course of action for your case. Even if you think your divorce will go smoothly, it’s better to have the experienced voice of a legal expert to guide you through the initial phases of the process.
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