Divorce: Steps to Consider before Filing

Divorce is a huge decision, but it is too often made simply for emotional reasons. It is important to consider the fundamental logic behind why you got married, and then consider what the logic behind why you are getting divorced. At the end of the day, your focus must be on your happiness, and how you will get back to your hopes and dreams after legal separation. This does not mean that you should not get legally separated, just that your divorce be fully thought out about before you proceed.

Beginning with the big picture, one of the reasons people began to get married is that couples joined together because it made it more economically efficient to be bound together as a couple. It is far cheaper to maintain one household instead of two. It is important to consider how you will be able to make it feasible to live afterwards.

Part of this is that you will need to understand what your plans for your home are. Many people getting legally separated have mortgages. Usually, in order to get one spouse’s name off of the mortgage, the other spouse will have to refinance in their own name. If you would like to keep the house, it is important not to move out of the house – this is unless there is violence, call the police and your attorney could probably get you control of the house through a protective order. If neither spouse has the ability to refinance solely in their name, your house will probably have to be sold.

Once you figure out whether you will be able to financially sustain yourself following divorce, you need to consider what how a potential child custody decision will be handled. In Louisiana, unless there are some extreme circumstances such as violence or abuse, there is a huge probability that a court will decree joint custody. This means that a court will try to split custody as evenly as possible. You need to make sure that you are comfortable with this and how this scenario will work.

You will need to find an attorney that fits you. There a huge number of family attorneys and then many attorneys that practice family law only occasionally. It is important that you find an attorney that works well for you. This does not mean that you must hire the meanest, toughest lawyer that you can find because you want to exert maximum pressure on your former spouse. Typically, the best attorney for you is one willing to settle your divorce case or go to trial, depending on what is in your best interests.

When you decide that you will get a divorce, it is important to begin keeping track of your finances or documenting anything that may be important for a trial. If there is any violence or harassment, make sure to get a police report and take pictures of any bruises or any other evidence. Do not delete your emails, text messages, or voicemails as your attorney will likely want these. Also, make sure to print out anything of importance from your spouse’s Facebook page, as your spouse will likely remove you blocking access in the future.

The above material is intended for information purposes only. It is not intended as professional legal advice and should not be construed as such. Attorney Will Beaumont practices in New Orleans, La.