Filing for Divorce? The Top Five Rules to Follow

Filing for a divorce is often a very emotional decision, and the divorce itself, if not handled with a level of amicability, can turn into an outright battle. There are a few rules that will not only help expedite the process, but also avoid some legal pitfalls. Here are five good rules to follow:

1. Don’t Sell or Transfer Marital Assets In Anticipation of a Divorce

In Minnesota, if you sell or transfer marital assets in anticipation of a divorce, you could be facing a claim for dissipation and an order to compensate your spouse for the value of the assets sold or transferred. If you are afraid of an unfair property division, let your attorney know. An experienced divorce attorney can assist you with ensuring your interests are represented during the divorce process and help you obtain a fair and equitable division of marital assets.

2. Don’t Play Hardball From the Beginning

Divorce and child custody issues are often emotionally charged, stressful situations. Refusing to negotiate and using issues like child custody and parenting time to seek concessions on financial matters is unfair to all the individuals involved, especially the children. Don’t put your children in the middle. There are better ways to obtain the results you desire.

3. Do Compromise

Being open to negotiation and compromising on small issues will help keep the divorce process from becoming a bitter, expensive battle in which no one wins. Seeking common ground on the nonessential issues will help move your case forward and allow your attorney to focus on aggressively representing your interests in more important, contested issues such as child custody and property division.

4. Do Follow Any Court Orders

Violating a court order is never advisable. A court order is a legal decision requiring compliance. Failure to comply may result in a finding of contempt. If you would like to change an existing court order, you must request a modification through the court. A qualified family law attorney can assist you with determining your eligibility for a modification and file the necessary paperwork for you.

5. Do Be Completely Honest and Upfront with Your Attorney

The representation your attorney provides is based on the belief that you have provided a full and accurate depiction of your circumstances. Withholding information for any reason, whether it is because you believe it is irrelevant or because you simply do not wish to discuss the matter, can be extremely harmful to your case. The court looks at a number of factors when rendering divorce and child custody decisions. To ensure your interests are represented and protected in the manner most likely to obtain the results you desire, you must be completely candid with your attorney about your past.