For men going through divorce, having a plan and a divorce strategy in place can make a difficult situation easier. Creating a divorce strategy is particularly important for men—it will help you protect your assets, potentially reduce your support exposure and improve your chances of custody/more visitation during the divorce process.
1. Slow Down
By the time the decision to divorce has been made, many men have reached the point of “just get me out”. It is perfectly normal to feel this way, however, it is important that you slow down and evaluate the situation to prevent rushing into an unfavorable agreement.
The decisions you make now will have long lasting effects. It is important that you can live with the terms of your divorce agreement because some items (like spousal support) cannot be changed easily once the divorce is final.
2. Recruit Help
Your divorce strategy should include seeking the advice and guidance of an experienced divorce lawyer. Every divorce is unique and it is essential that you speak to a knowledgeable family law attorney to understand how your specific circumstances will affect your divorce.
A qualified divorce lawyer will educate you on your rights, your options, and provide guidance navigating the divorce process. Even if you are considering doing your divorce yourself, you should meet with a family law attorney to understand your specific divorce situation and how the facts of your case may impact the outcome of your divorce.
Divorce is stressful and men shouldn’t overlook the emotional impact that divorce can have. Working with a therapist can provide men the tools they need to manage stress and build healthy romantic relationships in the future.
3. Establish a Precedent
If you have children, being actively involved in their daily routine and goings-on is important. When deciding custody, the courts will evaluate how entrenched each parent is in day-to-day activities. The more involved a parent is, the more likely it is that they will get equal parenting time.
Fathers that are considering divorce should discuss their situation with a family law attorney prior to filing for divorce. Your attorney will help you create a specific divorce strategy that will address your unique custody needs.
Additionally, as part of your divorce strategy, you shouldn’t move out of the marital home until a separation agreement has been created. Moving out of the marital home can set a precedent of support that isn’t an accurate portrayal of your financial situation.
Men that move out of the marital home, but continue to financially support the two households (the new home and the marital home) can set a precedent of support. Even though the man may be struggling to keep both households afloat by draining savings accounts, borrowing money from family, or foregoing furniture to make ends meet, the court may view this scenario as an ability to support two households. This can turn what was meant to be a temporary transition into a permanent obligation.
Prioritizing is essential for your divorce. Deciding what you want and what you are willing to compromise on ahead of time can save you time, money, and stress.
It isn’t uncommon for men going through divorce to find themselves in a heated battle over something that under different circumstances would be unimportant. Determining what you are willing to fight over and what you can let go before it turns into a conflict will help you avoid arguing over every detail.
Establishing a divorce strategy early on is important for securing the most favorable outcome possible. Divorce is rarely an easy process and having a plan (and the right people on your side) can make all the difference. If you are a man that has questions about your unique situation and would like help creating a personalized divorce strategy, please give us a call.