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Considerations When Getting Ready For A Divorce

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If you are considering a divorce in the future, then you need to make sure that your interests are protected. While you might hope that the divorce will be amicable, there is no harm in protecting yourself. Aside from the normal questions of divorce, such as child custody and division of assets, there are some less exciting (yet equally important) decisions that you will need to make. Here are some different angles that you need to think about when it comes to filing:

Your Will

One of the first things that you want to do is modify your will to fit your new needs. This isn't because of some increased likelihood of dying, but rather because it is easy to forget about your will. Estate planning is critical, and should be considered by every adult, and especially by those that are married or have children.

However, your feelings and needs will change over time. Your ideal will at 30 might be dramatically different from your ideal will at 50. This is why you need to make sure that you deal with will modifications at the earliest opportunity. If you forget, then your estate might go to your ex-spouse. In the worst case scenario, you might change your mind again later, but that can be easily rectified with another modification to your will.

Mediation vs Confrontation

When it comes to the actual divorce negotiations, you can decide whether you want a mediated or a confrontational divorce.

Mediation - In a mediated divorce, a third party will help you and your spouse figure out your problems and guide you through the negotiations. This can create a less hostile environment than a confrontational divorce where you both have lawyers. The main drawback here is that you might not have enough legal knowledge to know if your interests are being protected. Since you won't have a lawyer that is there to purely represent your interests, it can be difficult to tell if a compromise is in your interests or not.

Confrontation - In a confrontational divorce, each of you brings a lawyer to hammer out the details together. This can involve a lot of arguing and confrontation, since the idea is to protect the rights of each client rather than to reach a peaceful agreement. If you want to have a peaceful divorce, then mediation might be a better option, but if you just want to maximize the assets that you walk away with, bringing in your own lawyer might be your best option.

For more information, talk to professionals, like those at the Law Office of Shelli Wright Johnson.


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