Understanding how a divorce case will progress can be tricky to predict. Just as every marriage has its own unique qualities, the separation of the union will as well. What you can expect however, explains Arnold Goldstein who practices with Goldstein Law Offices in Illinois, is that your divorce will initially be organized into these three stages:
Negotiations: The first step to any successful divorce case will be thorough negotiations. Pretty much everything can be laid out on the table for discussion (and bartering) from your prized coin collection to your precious dog Fluffy. It’s important that prior to entering this stage, you and your attorney have discussed what you are willing to negotiate on and what you intend to remain headstrong about. Be prepared, as this may be the first time that your marriage will start to resemble a business more than a previously loving union. Still, it needs to be done.
The first thing that should be discussed in negotiations is also the most important — a parenting agreement. It’s important to make sure that your children are properly taken care of, even if it’s only for the time being (custody agreements can be altered later on in the proceeding). Before any other discussions take place, you and your spouse should cement a proper visitation schedule, explains Goldstein. Because this issue can sometimes get heated, and both attorneys are only thinking about the interests of their respective client, the court may appoint a third party to help mediate.
Assets and Liabilities: Any income or debt that happened during the marriage must be evenly divided between both parties. It’s important to remember that this won’t be a matter of who made what money and who spent the most either. If your husband used a credit card to purchase his new motorcycle last year, you still have to pay off his debt. Almost everything falls under this umbrella, which Goldstein says is referred to as marital debt.
It’s important that you’ve hired an attorney who will be able to guide you through this process and ensure that you don’t end up with more debt than you could possibly pay off after all is said and done.
Marital Settlement Agreement: This is a written agreement given to the court system that states the rights and agreements that both parties have agreed to regarding property, alimony and child support, and more.
Once all of three of these agreements have been made, then the court officially adopts the final results. Once officially adopted, the stipulations and agreements go into effect for both spouses. However, if the three above agreements cannot be amicably decided upon, then the divorce will go to trial and the judge will decide how property, income, liabilities and visitation rights are distributed. Even if you don’t expect that your particular divorce will get to this stage, it’s best to be prepared. Once you start to engage in negotiations, you may discover that this process won’t go as smoothly as you had anticipated. That’s why it’s key that you hire a divorce attorney who will seek to get you everything you deserve, and who is familiar with how custody laws, real estate laws and taxes work, all of which greatly influence any divorce proceeding.
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Neither publication of this article nor your receipt of this article creates an attorney-client relationship.
