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To call divorce a “game changer” is an understatement. Divorce can upend your emotional and financial life, not to mention the day-to-day life of where you live and who you live with, and can mean big changes for relating to your children going forward. And yet many people find that divorce is the best decision they ever made, giving them a second chance at the life they want for themselves and their children. On the one hand, it can be easy to impulsively jump into the divorce process and make bad decisions that can follow you for years, but, on the other hand, failing to take steps to build your future and protect your finances and family now by pursuing divorce can lead to a much worse outcome. Here are three questions you will want to ask when thinking about divorce, in consultation with friends, family, advisors, and a family law attorney.

What Will My Life Look Like 1, 2, 3… Years After the Divorce?

If you have been married for some time, or if you have never really lived independently from a spouse or family members, you may not be fully prepared for the obligations and stresses of living on on your own after a marriage ends, especially if there are now children involved.
Without a primary or second income, and when expenses are no longer shared (and additional expense may be needed to fill in for a spouse’s lost services), the costs can add up far more quickly than you ever expected. If you do not exercise your rights to property division and spousal support during your divorce out of a desire to avoid drama, but later find that you need them, it might be too late.

What Are My Rights in a Divorce?

If you have never been through a divorce, it is unlikely that you are aware of your full rights on issues such as spousal support, property distribution, child support, child custody, visitation, and any other matters. For example, many divorcing spouses do not realize they are entitled to years of ongoing spousal support and may separately be entitled to portions of their spouse’s retirement benefits, even if those benefits are not paid until many years after the divorce is finalized.
Again, finding this information about one’s rights out after a divorce is finalized is generally too late for many issues. Relying on friends and family for information, even if they have been through a divorce, is also a bad idea, as their situations may be different from yours, may have been subject to different laws, and may not have been done properly. Speak to an attorney instead.

What Are My Obligations in a Divorce?

This is the flip side of the previous question. One spouse’s rights in a divorce are often the other spouse’s obligations. Do you know how much you might be obligated to pay in spousal support to your spouse, among other things?
You should not rely on your spouse’s statements that he or she will not pursue rights against you in your divorce, or will not talk to lawyers. Emotions run high as divorces progress, and positions change quickly. Even if both of you do decide to go a certain way on handling your divorce, better to know exactly what your potential obligations might be at the outset.
For any questions on family law in California, contact the Law Office of Kelley C. Finan today to schedule a consultation to discuss your circumstances.