5 Tips from a divorce attorney

5 Tips to getting a divorce.

What entitles to a divorce?

• If you can prove to a court that you and your spouse can no longer live together and there is no chance of resolving your differences.
• If one of the spouses is mentally ill or continuously unconscious. Read more 

More recently, legal experts pointed to a surge in new divorce instructions in the country since the onset of the Covid pandemic.
Family lawyers said that February and March are typically divorce filing months, however, the pandemic has caused a spike in other months amid increased job losses, and psychological effects including anxiety and depression, while couples were also forced into close proximity for extended periods of time during lockdown. 
Read more.

I often have clients asking me what tips I have for them when they think about getting a divorce. There are a few simple rules that you can stick to, making it easier for yourself, your family and children.
When you think of taking on something new in your life, you usually do some research and think things over a few times. 
Well, it is the same with a life altering decision such as getting a divorce.
Do some research about divorces before you jump into it.  Read some more on divorce here.

Tip #1: Choose your divorce attorney wisely
Do some research on the divorce attorneys that you have in mind. Make sure that they practice in matrimonial or family law. Does the firm have relevant experience? Look for an attorney that has worked on a lot of divorce cases such as yours and one that has a deep knowledge of divorce law.
Find a lawyer that you feel comfortable with, one that has your best interest at heart. 

Tip #2: Be open about your finances
Divorce is also a sharing of debt, so remember to consider your debt. It might appear that there are many assets and cash, but if these are all supported by debt, you might find yourself in serious financial hardship.
Ask yourself a few questions.
Can you afford to stay in the house?
What will your needs and the needs of your children be?
What will your new life cost?
Know your assets and know your debts. Have a look at your credit score if you are able to.
If you do not have cash to cover costs, you will have to sell assets in order to do so.
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Tip #3: Get organized
Get your financial documents in order, make copies of bank statements, keep record of your monthly costs and spending. Budget and try stick to it!
Plan your schedules and keep a calendar to be pro active and organized. You will need to keep track of appointments with your attorney, family advocate, court dates etc.
Get your documents needed for court in order (ID documents, marriage certificate, children birth certificates)
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Tip #4: Be informed /Do research
Get educated and do your research on how the divorce process works. Make a list of questions you would like to ask your attorney. Being educated on divorce could help you understand the process better and may relieve some of the stress associated with divorce.
Think of your children, they are more than often the ones that take the most strain. Find out how you can make it easier on them and discuss these options with your attorney. 
Will your divorce be contested or uncontested? This will also make a significant different in your finances.
​Read more here

Tip #5: Think ahead
Before you embark on the divorce process, think carefully about what you actually really want out of it. Be clear about what you want and, more importantly, what you need.
Just because you want something doesn’t mean you have to have it. There will be things that your ex-spouse needs more than you do, and you’ll have to be prepared to consider the reasons for this and be prepared to compromise.
Think about the children, how will you share custody, what are you willing to give up?
Divorce inevitably involves compromise, it’s easier to accept certain compromises, which are usually inevitable anyway, when you can see the bigger picture.
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To discuss how we can help you, you can click here or call us on 041 004 0086