For most of us a divorce either begins with the slow
realization that you no longer wish to be with your spouse – or a divorce can
be an unforeseen,
devastating
bombshell that blows your emotions to hell and back.
But whether you are the divorcer or the divorcee, eventually
you are going to have to face some disturbing facts and emotions about the bond
that you thought was going to last forever.
But shame should not be one of them.
There were over 876,000 divorces in this country last
year. That’s one divorce every 36
seconds, 2,400 divorces every single day.
If this was your first marriage, you are part of the 41% of couples
whose marriages failed. If it’s a second
marriage, the failure rate is 60%. And
for third marriages, it’s a whopping 73%.
If it’s your fourth marriage – it’s off the charts.
So divorce is not uncommon and you should not dwell too
deeply on the whys and wherefores of your marriage’s collapse. The sooner that you eschew denial and come to
terms with the fact that it’s over; the sooner you can start putting your life,
and the lives of your children if you have them, back on track.
Here are some tips to be mindful of once the angst subsides
and you decide to get down to business.
Tip #1: Decide What You Want
Put the anger and emotions aside and think: what do I want
out of this mess? What are the pieces of
my previous relationship that are really important to me? Of course there are the assets, your home,
the bank accounts, the investment portfolios, etc. But most state laws mandate that those things
are going to end up being math issues, generally in the 50-percentile range.
However, there may be
less
obvious keepsakes that you feel strongly about, and the main thing will be:
keep those thoughts to yourself and your lawyer.
If your spouse and his/her lawyer discover a
weakness for some marriage memento, they could use it as a wedge to get
something out of you that is way more valuable.
Tip #2: Hire the Right Lawyer
If your divorce is consensual, maybe you won’t even need an
attorney to individually represent you.
You and your spouse may be able to get by with a mediator who will
assist you in conforming to state guidelines for a simple, amicable divorce.
But if you perceive even the slightest complications from your
spouse; hire a lawyer immediately. And
the best way to find the right lawyer is to get a recommendation from a friend
or family member, someone you trust.
If that’s not possible, you’re going to have to do some
serious research, because this attorney is going to be your closest partner in
probably the most contentious procedure you will ever experience in your entire
life – over the course of a year, or more.
Make sure you get the right person for the task.
Tip #3: Dealing with Children
Child custody after divorce can be allocated in a variety of
ways, many of which are mandated by state laws.
Here's how Randall Kessler, an experienced divorce attorney at the
Family
Law Attorneys of Kessler & Solomiany, describes custody choices,
"There are two major types of custody: legal and physical. It is possible
for one parent to have sole legal and joint physical custody or vice versa, or
for one parent to have both sole legal and physical custody."
You are probably not going to get full legal and physical
custody over your children unless your spouse is a certified, raging
maniac. So try to stay calm and work out
a plan that’s not only best for the children, but also best for you and
your spouse. You may not be able to live
together any longer but you will have to partner in the raising these
kids. Full cooperation between parents
is the right recipe for child rearing, whether they live together or not.
Tip #4: Take Your Time
There are angry urges, especially with the divorcee, to get
this relationship over and done with as quickly as possible. You never want to see that rotten,
probably-cheating, divorcee ever again.
But rushing through the details of a divorce is not advisable for a lot
of reasons.
One of the main ones is money.
If you cram this divorce through and it turns
out that some stipulations are just not working out for you and your spouse,
you are going to have to file an
appeal
to set aside your divorce judgment – and that can be
very
expensive.
That’s why you need to take a
breath, relax and slowly work through every stipulation of your divorce until
you get it just right.