Your Checklist For Handling The Legal Aspects Of Divorce
Whether you're dealing with a legally simple or complex divorce, it's a good idea to have a checklist to go over before you finalize things. A divorce lawyer will encourage every client to add these three items to their checklist.
Assets and Liabilities
Divorce is a lawsuit, and that lawsuit dissolves a particular type of agreement. A big part of that agreement involves a couple's assets and liabilities. You'll want to itemize all of the assets, accounts, and debts that you're aware of from the marriage.
Even if it seems pretty clear that an asset isn't marital property, include it on your itemized list. Let your divorce lawyer decide whether the item falls into one property category or the other.
Take notes regarding the current state of each account at the time you decide to divorce. If your ex moves money out of the account, this will at least allow you to determine what was taken so you can then pursue it later in the process.
Family Law Concerns
It's common for a divorcing couple to have at least one child. If you have a kid with your former partner, you'll need to address a host of family law issues. Expect to discuss child custody, support, and visitation.
Bear in mind that special situations need to be handled directly in the agreements. If you plan to move out of state, for example, there will need to be reasonable arrangements for visitation and custody. Both parents have the right to access to the child, and this has to be done within a workable framework. If someone wants to move halfway across the country, that could be challenging to handle in terms of family law disputes.
Serving Notice
One party has to sue the other to get a divorce rolling. The suing party also has to serve the other party with papers.
If they can't locate the other party, then they have to still document for the court that they made a good-faith effort to find the person and deliver the documents physically. Should that situation persist, the petitioner will eventually be able to seek the divorce through the courts in the absence of the non-responding former partner. Be aware you may need to wait longer to serve papers if your ex is, for example, actively deployed with the military overseas.
You should also inform the other party that you have retained a divorce lawyer. Tell them that they should do the same.
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