We're Getting a Divorce: What Happens Now?

Words you never thought you'd say... we're getting a divorce. If you utter these words, you probably are facing a personal life in chaos. Your marriage is splitting up and you may have property, a home, assets and children to deal with. So, what do you do? What is the divorce process like and what happens next?

We're Getting a Divorce

Once you and your spouse decide to get a divorce, one of you usually will move out of the residence. This is a good idea because some states require couples to live apart for a set period of time before they will grant a no fault divorce. On the other hand, if you leave your family residence, then your spouse could use that to prove that he or she should get the house, so be careful in deciding who will leave and if you leave, make it clear you are only doing so temporarily and you are not abrogating your rights to the home.

The next steps are to actually begin the process of coming to a divorce settlement agreement. In this agreement, you will have to spell out all of the technical aspects of the divorce. The agreement should cover everything relevant to the divorce including:

Who gets what assets
Who is responsible for what debts
Whether any items should be sold, and if so, by whom and how the profits should be split
What will be done about insurance- if you or your child is covered under your spouses policy, will you stay that way after the divorce? if not, who will pay
What rights each person has to the other's pension accounts or to a portion of the other's business
Whether alimony should be paid, and how much and for how long
How custody of the children should be divided
Whether child support should be paid, and how much and for how long

Any other details relevant to your particular marriage should also be spelled out. If you and your spouse can agree with the help of lawyers or a mediator, this will make the process easier as the court can then just sign off on the divorce. However, if you can't agree, then you can go to court and have the court decide on the division of assets or on child custody issues.

Getting Help

Once you and your spouse have called it quits and decided we're getting a divorce, consult with an experienced family law attorney as soon as possible. Your lawyer can guide you through the process in your state and help ensure your rights are protected.

Thinking About Divorce?