Divorce is one of the most difficult situations for any couple to go through. Most of us find the person we love and look forward to spending the rest of our lives with that person. Of course, things do not always go as planned.
People and circumstances change, and often we are left looking for a way out. Record-high divorce rates in the United States suggest that more people are using divorce as their solution than ever before.
It can be both stressful and costly to prepare for marriage, but even more so to prepare for divorce. There are a multitude of factors that you should consider before jumping into that chapter of your life. Let’s take a look at several things that you should thoroughly consider before legally parting ways with your spouse.
Is divorce really the only option?
You always want to ask yourself if divorce is your best option. A marriage may seem like an unhappy one, but that does not necessarily mean it cannot be saved.1 Divorce is often an extreme and permanent solution to problems that may only be temporary.
Have you considered fixing the stressors in your relationship first?
Sometimes it may seem that the stressful things going on your life are making the marriage impossible. But maybe it is the stressors that you should consider resolving before jumping into divorce. The rates of divorce increase dramatically under situations like financial hardship, miscarriage, infertility, and unemployment. Tackling these issues rationally may be the better choice before opting for divorce right away.2
Are your standards for your marriage and your spouse too high?
Try considering if you have impossible-to-achieve standards for your spouse. Of course you should never settle, but sometimes it may be you who is shooting for the stars and not giving your spouse or your marriage a fair chance.3
Have you met the residency requirement?
If you feel that divorce is indeed the only option in your current relationship, then make sure you have met the residency requirement for obtaining a divorce in California. Either you or your spouse must have been a resident of California for at least six months if you want to get a divorce.
Are you prepared for child custody?
If you have children, most family courts in the state of California will grant joint custody to you and your spouse. However, there are many financial and personal factors that will weigh into the court’s decision. Oftentimes these can lead to drawn-out custody battles that neither you, your spouse, nor your children want to go through.
Is your decision to get a divorce based on an emotional reaction?
Often times difficult circumstances will cause emotional strain on your relationship. It is important that your decision to get a divorce does not come at a time when you are overwhelmed with emotion. You should be ready to let go of any attachments to your spouse if you are pursuing the divorce process.
Are you ready to take on the many negative consequences of divorce?
While divorce may seem like the best possible option at the time, it is crucial to make sure that the positives outweigh the negatives. With the divorce process often comes frustration, financial stress, and emotionally hurt children. These are just a few of the things you should consider before getting a divorce.
Have you spoken with a marriage counselor?
Divorce counseling can help you discover what is going wrong in the relationship, and how you can cope with your differences. Getting help from a professional might be a better first choice than divorce, because it can give you a different perspective on your relationship.
Is dividing your property something you are ready to deal with?
You and your ex-spouse may disagree on how your property should be divided. All property acquired during your marriage is considered “community property”. California divorce laws say that all community property should be divided equally (50/50). However, there are some exceptions to this general rule, and an experienced attorney will need to advise you accordingly.
Are you involved in any extramarital affairs?
Being involved in an extramarital affair can drastically change the outcome of your divorce. It will affect alimony, child custody, and child support. Honesty is always the best policy in regards to affairs. Consult with an attorney to see how it can specifically affect your case.
Have you first talked to an attorney before initiating the divorce process?
Even if you do not go through with the divorce, it is important to have an experienced and skilled attorney advise you. Divorce laws are complex and it is important to gain as much information as possible before you pursue it. It is extremely important that you understand your options before moving forward.
Call the Divorce Lawyers at Wallin & Klarich Today
Going through a divorce is a very stressful and draining situation. Therefore, it is important to know your legal options before moving forward. We understand that your case is unique and complex. This is why it is important to have an experienced California divorce lawyer advise you through the process and help you move forward with your life in the best possible way. With over 30 years of experience, the attorneys at Wallin and Klarich can help you through this difficult time with care and efficiency.
With offices located in Orange County, San Bernardino, Los Angeles, Torrance, Riverside, West Covina, Victorville, Ventura, San Diego and Sherman Oaks, one of our knowledgeable attorneys is available to help you no matter where you work or live.
Call us today at (888) 749-7428 for a free phone consultation. We will get through this together.