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FAMILY LAW
Planning for a Divorce

There are many things to consider when you anticipate a divorce. Mostly, the two most concerning matters in a divorce are the division of property and custody of children. At Mathur Law Offices, P.C., we can assist you in divorce planning.

When it comes to child custody, the questions that will arise will surround the topics of whether or not you should leave your home or stay in it when divorcing? Whether there will be an impact of leaving the home as it relates to child custody? What has been the normal activity of taking care of children and their attendance in schools? Will your leaving your home be considered a factor in abandoning your children? How will the courts consider the normal environment of the children? Are there any threats to the welfare of the children? Who has been the main caregiver? What evidence child rearing does your case present? Of course, there are many other considerations, but defining the profile of your case or preparing the profile of your case is important to better presentation and better results!

In relation to property, the questions that will arise will relate to when property was acquired? Whether property that was separate before the marriage has been “commingled” or mixed together? Whether there were any separate debts? Whether debts have been commingled? What is the overall value of the estate of the parties? What justification will there be in litigating issues of property in relation to the size of the estate? Moreover, what planning can be obtained in preparing for a divorce so assets are protected. Not all divorces require extensive preparation in relation to property, however, the larger the estate of the family, the more planning should be considered. This includes, but is not limited, pre-nuptual and post-nuptual marriage agreements.

Divorce can often be handled simply. The closer the parties are to an agreement, the less need for litigation and the lower the attorney’s fees. However, when the parties are far apart or expect combative behavior, the earlier you plan the better prepared you will be. The last thing you want to do is to act out emotion. Generally, rash acts lead to irrational behavior that can seriously damage or destroy chances of success at later points in your case. Deciding on a game plan for what steps should be taken and in what order, can make divorce more simple, easier and less costly.

Copyright Mathur Law Offices, P.C. 2007