Advance planning can negate some mistakes in divorce proceedings

On behalf of The Walters Law Group, Ltd. posted in Divorce on Tuesday, October 22, 2013.

Illinois residents thinking about a divorce should consider asking themselves a few questions ending their marriage. Advance planning can cut down on the mistakes people getting divorced make.

For openers, a person should meet with a financial planner to understand their financial picture before property division is started. For example, one spouse may desperately want the house, but if they don’t have the resources to support it following the divorce, there is no reason to fight over it. Secondly, before a spouse asks for a divorce, they should take inventory of the couple’s assets, such as household items, and open a separate bank account if their finances are co-mingled. Third, a divorcing spouse should have a support system in place to help them over the rough spots in their divorce proceedings.

The spouse wanting the divorce should also examine their reasons for ending the marriage. These reasons should not be based solely on emotions. The spouse should examine his or her motives carefully to determine if a divorce will solve their problems or just create new ones. Finally, the higher-earning spouse should not quit their job or cut back on hours in hopes that a lower income will mean lower child support or spousal maintenance payments. Judges frown upon this as it looks like the spouse is shirking their responsibilities.

Sometimes divorce is the only cure for a failed marriage, allowing people to get a fresh start on life. Planning ahead contributes to this effort. A family law or divorce attorney may be able to assist one spouse by advocating for their rights, including property, spousal maintenance and child support and visitation.

Source: Huffington Post, “The 5 Biggest Mistakes People Make When Considering a Divorce“, Debbie Martinez, October 15, 2013