Preparing for divorce proceedings is no easy task. When you are doing so you will have to be concerned about the different important major issues in your life even though the process of doing so can be uncomfortable and unpleasant. Below we outline some steps to prepare for a divorce to ensure that the lives of those around you especially your kids transition smoothly when it is finalized.
It is not possible to anticipate every twist and turn in your divorce case before it happens but there are surprises that you can avoid when you set yourself up well with the key issues. Thinking through every decision that you make when you decide to get a divorce will help you avoid many problems that are likely to arise along the way. Most people that act intentionally and plan ahead have an easier divorce experience.
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Gather Financial Information
Dividing marital property during the divorce process would be easier if the couple could work together. However, this is not always possible and at times there is always someone that is trying to hide financial information and not giving full disclosure.
For the process to flow smoothly it is important for you to have all the information in regards to assets, debts and expenses so your financial situation and that of your spouse can be accessed. Below are some of the financial documents that are important for you to gather while preparing for a divorce.
Proof of Income
If you have access to the payment information such as the W-2 and any other income document that shows proof of income of your spouse it is important for you to make copies of the document and provide the lawyers with that information.
You will need the documentation of both you and your spouse’s income to show your income before divorce. In the case where you are both salaried employees you may need a picture of the most recent tax income return and pay stubs.
The court requires both parties provide full financial disclosure. Even as this is the case the burden of presenting evidence in divorce lies on you. Gather as much information as possible on your partner’s personal property and if there are any contributions that you have made to the business it is important to have documentation to prove it.
You should be are detailed and accurate as much as possible and make sure not to leave out any kind of information in regards to assets even if you are not sure of its relevance.
Individual Bank Info
It is important that you compile a list of not only your joint assets and joint accounts for the past 5 to 10 years depending on how long you have been married but as well individual bank information.
Also, gather a list of the back accounts, stocks, bonds, bank statements, credit card statements and any other thing that you think the court will need to know. Make sure to include info on all types of account statements that is savings accounts, checking account, and brokerage if you have access to the information.
In the case where you are preparing for a divorce and you do not have an idea of the information to gather or you need more you can get in touch with a divorce lawyer from Greenville family and they will advice you on the legal decision you have made and on document preparation.
If Children Are Involved Figure Out a Way to Tell Them
Divorce is a stressful time for both the parents and kids and during this critical time it is possible for kids to suffer trauma. It is a huge change for a child to come to terms with and most kids are thrown into the middle of the court battle and tension between the parents where they at times feel that they have to choose sides since they have an emotional connection to both parents.
It is important that when you choose to get a divorce you protect your kids as much as you can from the emotional damage that can come with divorce. Do not trash talk your spouse in front of your kids and also do not hide things from them.
You should keep in mind that you kids are not your emotional support throughout the process of divorce. It is you who should be supporting them emotionally to help them avoid anxiety during divorce. As a parent it is your job to love, support, and shield your child. Despite them being toddlers, preteens, teen or young adults kids will struggle with their parents decision to separate and may end up blaming themselves for the split.
Younger kids mostly have their loyalty split during the divorce. They are half dad and half mom. It is important that even though you feel that your spouse is obnoxious you avoid arguing with them or speaking badly to them in front of your children. When the kids hear the obnoxious words that the parents are throwing at each other they are likely to absorb the words as well. As if the divorce issue is not bad enough the unkind words add insult injury.
During the divorce aside from working with experts such as a financial planner and a divorce family lawyer who will represent your divorce rights in trial you should find support from friends, family, and a therapist if possible for both you and your children. This way everyone will have an easier time processing their emotions and transitioning into the new situation.
Find an Attorney
Every divorce does not have to necessarily end up in a lengthy court battle over child custody and assets there are situations where a couple is able to work out all of their issues with the help of a mediator. However, for them to work things out amicably they will need to agree on absolutely everything including child care, financial decisions, and other divorce issues so they can have an entirely uncontested divorce.
However, most of the times if you will need to find an experienced divorce attorney to represent you when you go to trial. A contested divorce can take some time to be resolved. This is because you will have to spend some time looking for a divorce lawyer that you are compatible with and one that suits your specific needs.
Even if you and your spouse have decided to avoid a high conflict divorce and prefer divorce mediation or the collaborative divorce process it is important to meet with a South Carolina divorce attorney from Greenville family attorneys. We will offer legal advice that will help you to understand when to expect in your upcoming divorce process. Also, our family law attorney will inform you on what you are likely to need so you can protect your interests during this crucial time.
File for Divorce
It is important to understand that there is time that will be spent filling the divorce paperwork for divorce and also time spent waiting for the other party to give a response.
In South Carolina to begin the divorce process you will need to first fill a summons and complaint for divorce. After you are done with the paperwork it will then be submitted to the family court clerk and it will then have to be served to the other spouse by a process server by personal delivery. After the spouse has been served with the divorce papers they have 30 days to respond and file a counterclaim.
If the spouse that receives the divorce papers files a counter claim they spouse that filed for divorce will have 30 days to respond to the counterclaim.
Aside from that it takes to draft a summons and complaint and get to the clerk of court so it can be filed and the time it takes to serve the other spouse the process of filing for divorce can approximately take 60 days so the there is enough time allocated to answer to the complaint for divorce and to answer any counterclaim thereafter.
How long it will take to file the divorce will depend on the grounds of divorce and whether it is a contested or a non contested divorce. It can also take a shorter time to settle a divorce if the couple has a settlement agreement or a separation agreement to help them resolve their financial assets and marital assets.
A fault ground divorce can take 90 days and a no fault divorce can take 365 days. The no fault divorce takes longer since the couple cannot file for divorce until they have lived separately (legal separation) from one another for at least one year.
Learn More: What to Do Before Filing For Divorce
How Our Firm Can Help You Through a Divorce
Greenville family attorneys know all about the divorce laws in South Carolina we have handled complicated divorces and helped couples in their divorce preparations. We care about the financial future of clients in divorce preparations. Our Greenville family lawyers know the divorce cost and divorce attorney fee is high and that is why we offer affordable and quality services worth your buck to help you through this difficult time.
Give us a call, book a free divorce consultation. Let us talk about the cost of divorce, assist you with your divorce preparation checklist, and have our aggressive divorce lawyer help you during divorce trial to get the divorce settlement/ divorce decree you and your family need so your future situation is secure.