A yearly spike in divorce filings on the first working Monday of the new year has given the day the nickname “Divorce Day” and January itself “Divorce Month.” There are many reasons for this, such as January being time for self-reflection and financial planning, or couples may have agreed to survive the holidays together one last time. Divorcing can be challenging, with many practical steps and legal considerations to take into account before filing, and Regele Law, LLC has the resources and guidance to help you sail smoothly through the process.
Assessing Your Readiness for Divorce
When considering divorce, timing is important. Is now the best time emotionally to undertake a divorce, or are there too many other stressors that would make the process more hostile than it needs to be? Then there are financial considerations. Are you prepared to pay for the assistance you need to finalize a divorce and take the time necessary to do it right?
A family law attorney should be consulted before taking any big steps to help you understand what you are entitled to receive and what you may be obligated to do after a divorce, such as spousal or child support. Divorcing is not something that should be rushed. Taking the time to ensure everyone’s emotional and physical well-being goes a long way in securing a positive outcome for everyone involved.
Gathering Essential Information
Gathering important documents is necessary for a smooth process. Financial records such as bank statements, tax returns, retirement account information, property deeds, etc., are needed to properly divide assets. If children are involved, school records, medical history, and other pertinent documents should be available. Also, if there are any existing prenuptial or postnuptial agreements, those details are required to come to a fair settlement. Having this information ready eliminates surprises and helps lawyers streamline your divorce.
Setting Goals and Priorities
Have clear goals in mind when preparing for your split. Do you want assets divided equally, an equal custody agreement? Knowing your goals can lay a clear path for you and your lawyers to a successful settlement. Few divorces can be settled without compromise, so be firm in what you want (property, child support, etc.) and have conditions that you are willing to negotiate. When making these decisions, it’s important to consider what you need in the long term. Keeping the summer home might be an emotional victory. Still, if it’s at the cost of what your children need or financial support, it’s worth letting go of.
Building a Support System
It is important to have people in your life to lean on during this transitional time to help cover any gaps that may be missed while preparing for this new life. Also, consider getting a therapist to help with issues that friends and family can’t resolve.
Choosing an experienced family law attorney rounds out your support system. An experienced lawyer can avoid emotional or financial pitfalls. Consulting with a financial advisor to plan for life post-divorce can also set you up for success. Having these outside sources of support makes the divorce process less stressful, as they can handle the legal and financial details while you focus on your mental health.
Understanding the Oregon Divorce Process
The Oregon Judicial Branch provides forms for those serving divorce papers and those responding, which an attorney can help you navigate. Oregon is a “no fault” state, meaning that there is no need to prove that one partner did anything “wrong,” such as abuse, cheating, etc. Only one party needs to decide that the marriage no longer works, and they do not wish to fix it.
Steps in the divorce process include:
- Filing a Petition: This is done by one party with the court.
- Serving the Other Party: Once the petition is filed, the other party is then notified.
- Negotiations or Mediation: Both parties try to come to a mutual agreement on what post-divorce life looks like.
- Finalizing the Split: Once an agreement between both parties has been reached, the marriage will be dissolved.
It’s easy to make mistakes in this unfamiliar process, and a competent attorney can guide you and help you obtain the best possible outcome.
Exploring Alternative Dispute Resolution Options
Divorce doesn’t have to get ugly. Mediation (no lawyers) and collaborative divorce (lawyers and an agreement not to go to court) are divorce options that help both parties get on the same page. This course of action saves time, money, and stress compared to traditional litigation.
Sometimes, amicable resolutions are not possible. If one party is refusing to compromise or if one party is a danger to others, litigation may be required.
Planning for the Future
Be prepared for all possible outcomes and set up a financial plan that relies only on yourself, including a budget and emergency savings. What you choose to do financially may change if you are setting up a co-parenting lifestyle, possibly with joint savings accounts or emergency funds for your children. The focus should be on building a positive future for you and your family.
Avoiding Common Mistakes During Divorce Month
During stressful times, it’s easy to misstep. Avoid acting out of anger or revenge, hiding assets, or withholding information. Doing so will elongate an already difficult process. It could jeopardize the support you receive, both as a legal outcome and from those around you. Rushing into decisions without consulting legal or financial professionals may result in a less-than-ideal settlement. Thoughtful and intentional actions throughout your divorce process foster healthier results for everyone involved.
How Regele Law, LLC, Can Help
Regele Law, LCC, has the resources and legal know-how about Oregon family law to help families through this big transition, valuing compassionate and effective legal representation that puts your needs at the center of our jobs. Contact us to schedule a consultation to discuss your divorce needs.
January can be a difficult time, but it’s also an opportunity for a fresh start. Take proactive steps and seek support to ensure a smooth transition. With the right guidance and planning, big changes can create exciting opportunities and a new lease on life where you can build yourself a better future.
