Leave a Message

Thank you for your message. We will be in touch with you shortly.

Divorce Services Expert

Navigating Divorce and Property Sale: A Guide for Couples

Divorce is one of the most stressful events we can experience. It’s emotionally taxing, and it requires a ton of planning, negotiations, and paperwork. Many of us will only experience one divorce, which means we enter our divorces with no experience with the process or any detailed knowledge of how a divorce is supposed to work.

Using a divorce checklist can help to remove a lot of the stress from the process. If you know what you need to do and stay organized, it’s much easier to move through the divorce process. If you’re not sure where to start, here’s what you should know.

  • Understanding Divorce: Briefly explain the emotional and legal dynamics of divorce and the impact it can have on shared property. 
  • Importance of Planning: Emphasize that selling a property during or after a divorce requires thoughtful consideration and planning.
  • The Legal Landscape: Provide a brief overview of the divorce process, including filing, negotiations, and court procedures. 
  • Division of Assets: Explain how marital assets, including real estate, are typically divided in divorce settlements. Mention common agreements (e.g., selling, trading, buyouts).
  • Joint Decisions: Encourage open communication between spouses to discuss what to do with the property. Highlight the importance of reaching a consensus to avoid conflicts. 
  • Consulting Professionals: Suggest consulting with a divorce attorney and a real estate agent experienced in handling divorce cases to gain insights specific to their situation.
  • Timing Matters: Discuss the importance of timing in the market when deciding to sell and how it might affect their financial position moving forward.
  • Property Appraisal: Explain why getting a fair market appraisal is essential and how it can guide pricing decisions. 
  • Home Improvements and Staging: Suggest making necessary repairs and staging the home to attract potential buyers, focusing on the importance of presenting the property in its best light.
  • Clear Title and Documentation: Advise on the necessity of obtaining necessary documents, ensuring that title issues or liens are resolved before listing the property.
  • Choosing the Right Agent: Offer tips on selecting a real estate agent who understands the complexities of selling a property during a divorce. 
  • Creating a Marketing Strategy: Discuss how to develop a comprehensive marketing strategy, including professional photography and promotional listings, to attract potential buyers.
  • Open Houses and Showings: Explain the importance of inviting prospective buyers through open houses while ensuring that schedules accommodate both parties.
  • Evaluating Offers: Provide guidance on how to assess offers, make counteroffers.

Separate Your Finances

Most people combine finances during their marriage. If you’re sharing everything in life, it only makes sense to share a bank account. A divorce means an ascension into financial independence. Your finances will be solely yours, and you need to prepare for that transition when you decide to divorce your spouse.
You usually can’t drain shared bank accounts or liquidate assets before a divorce, which can be the root of plenty of issues during your divorce process. Your spouse can accuse you of hiding assets, and the court may ask you to provide documents to back up your claims. Take small steps at first to avoid complicating your situation.
 
A financial advisor who is certified in divorce will be able to tell you what you can and cannot safely do, and you should always follow the advice of a fiduciary advisor.
Once you decide to get a divorce, you’ll need to create a bank account in your own name. You may be transferring money or assets during your divorce in the event that it’s legally safe to do so. You can also have payments issued specifically to you, like your work paychecks, placed into this account.
First things first: Request an official copy of your credit report. You’ll be able to monitor any changes and see if your spouse has made unauthorized charges in your name. You might choose to use a credit monitoring service to protect your financial health.
 
Divorce can significantly impact your credit if you share credit or loans with your spouse. You need to close shared credit cards and remove your spouse as an authorized user on accounts you can’t (or shouldn’t) close. Open at least one credit card in your own name to help you establish and maintain independent credit.
main

Decide Where You’re Going to Live

Some states require that couples live “separate and apart” for a specific period of time before they can be granted a divorce. This usually means that one of you will need to move out of the house, which you’ll typically need to decide between the two of you.
 
If one partner is aggressive or has intent to harm the other partner, this decision can be made through a protective order. The protected partner is usually able to stay in the home.
 
If you and your spouse are civil, you can try a “bird nesting” arrangement. This is where you each alternate periods in the house to spend time with your children since it’s less disruptive to your kids’ wellbeing if they’re allowed to stay at home full-time.
 
Keeping both parents separate minimizes the stress and tension in their environment, and the kids will be able to see their parents regularly.

Gather Up All of Your Documents

Divorce involves a lot of paperwork. In fact, it’s one of the most document-heavy processes you’ll endure. That’s why it’s so important to have access to everything you need before getting started.
 
You may be asked to provide original documents or document copies as a part of your divorce process, especially while you’re settling important issues like the division of marital assets and child custody.
You may need birth certificates and social security cards for your spouse and your children. You’ll also need paperwork for shared insurance policies, passports, medical records, and medical debts for your children.
You need financial documents that detail your own personal financial state, as well as the shared financial state of your marriage. If you both have your names on an asset, like a house or a car, you need to have the document that shows proof of ownership or the value of the asset.
 
You’ll need to provide things like tax returns, offers of employment, and documents that explain the benefits your spouse or children received through your employer.
If you and your spouse have a prenuptial or a postnuptial agreement, these documents are extremely important at the time of divorce. Most of the important decisions have already been made, which dramatically simplifies the divorce process. It’s very difficult to contest a prenuptial agreement, and it’s likely that the original terms of the agreement will define the outcome of your divorce.
In divorces where domestic violence or intimate partner violence is a factor, you need court documents and police reports that substantiate your claims. You may be offered additional protection from the court, and it may be easier to keep your children safe if you have documented proof that you or your children have been placed in an unsafe situation by your spouse.

Talk To Your Spouse About Divorce Methods

There are many different ways to get divorced, and some of them are lengthier and costlier than others. The method you choose should reflect your circumstances. If you can find a way to communicate with your spouse and make the divorce process easier, you may want to attempt the easy way first.
An uncontested divorce is the simplest type of divorce. If you’re on good terms with your spouse and you’ve been discussing your split for a long time, you might already agree on how you’d like your divorce to be settled.
 
In this case, you can file uncontested divorce paperwork with the court yourself. A judge will review it, call you in for a brief court appearance, and grant your divorce. The process is simple, very inexpensive, and doesn’t involve lawyers.
 
This method only works if you and your spouse are completely on the same page. If you need a little help seeing eye to eye, try a mediated divorce.
Mediated divorce is an excellent option for couples who only have minor disagreements or who are willing to communicate civilly. During a mediated divorce, a mediator will listen to you and your spouse express how you’d like your divorce to be settled.
 
Your mediator won’t take sides and can’t make decisions for you. It’s the mediator’s role to inform you of your options and propose solutions that everyone can live with. Once both parties agree to everything, a mediator can help you work up divorce settlement documents that you can file with the court.
A litigated divorce is when lawyers advocate for both parties. If you and your spouse can’t find common ground in mediation, lawyers can work on your behalf. You’ll talk to your lawyer about what you want, and your lawyer will communicate with your spouse’s lawyer. Each lawyer will act in the best interest of their client.
 
You can choose to be present during litigation conversations, or they can be held on your behalf between two lawyers. Many people prefer to have their lawyer go in their place to avoid contact with their spouse.
Divorce court should always be a last resort. When you take your divorce to family court, you and your spouse will each need to hire lawyers to argue for what you want in your divorce settlement. The judge will have the final say in the way the divorce is settled.
 
Divorces that go through court can often take more than a year to complete, with each party spending as much as $20,000 to complete the divorce. It may be the only option for some couples, especially if there’s significant hostility between both parties.

Consider Your Children’s Needs

If you have children, they’re one of the most important factors to think about throughout the divorce process. Your divorce will significantly impact their lives, and it’s best to make sure that impact is as minimal as possible.
Avoid placing your children in situations where they’re subject to tension between you and your spouse. You’ll need to speak to them about the divorce, and it’s very important to do so without vilifying your spouse. You need to avoid situations where your child may feel like they need to choose sides.
Consider counseling or therapy for children who will be affected by a divorce. In some cases, it’s beneficial for the whole family to attend divorce-specific therapy together. This can help to repair family dynamics and ensure that children feel loved and safe with both parents.
While the law doesn’t usually require parents to have specific court-ordered custody agreements, they’re often helpful because hold each parent accountable for their role in raising their children.
 
Child support is also an important part of this process. Raising a child to the age of 18 can cost about a quarter of a million dollars. This doesn’t include expenses like helping children pay for college or helping them buy their first car. Child support agreements allow parents to financially plan their children’s futures.
main

Practice Digital Hygiene

Many people don’t consider digital hygiene during a divorce. You should change all of your passwords, and don’t allow your browser to save passwords on devices you share with your spouse. This is especially important for accounts where you communicate with others and on websites or apps where you have financial information saved.

You may choose to use this time to clean up your social media posts or make your accounts private. Divorce can cause tensions to rise, and you don’t want to be placed under undue scrutiny by friends or family members who are closely involved in the situation.

At the end of the day, divorce is a very private matter. It may be a wise idea to maintain a low profile online until after your divorce is finalized.

Prioritize Your Own Wellbeing

Divorce can be very emotionally trying, and it’s going to be much harder to navigate the situation if you’re deeply affected by it. Give yourself time to process things. You might need to speak with a counselor or take some time off work — that’s perfectly normal. You can’t be your best at work or your best for your children if you aren’t taking care of yourself.

Family law is a multifaceted domain that touches upon the most intimate aspects of people's lives. we'll explore various aspects of family law, including divorce, child custody, property division, and paternity that you can write about.
Divorce, or the legal dissolution of marriage, is an aspect of family law that involves the legal process of ending a marriage. You can write about the grounds for divorce, which include irreconcilable differences, adultery, abandonment, or cruelty.
 
During a divorce, the division of marital property is a crucial consideration. So one option is to write an article detailing how assets and debts acquired during the marriage could be distributed between the spouses. Alimony, also known as spousal support or maintenance, may be awarded in certain cases to provide financial support to the spouse in need, and also makes a great blog topic.
 
Another option is writing about a custody arrangement, which decides where kids will live and who will decide their upbringing; custody alone can be dissected across a wide variety of blogs, and we'll discuss it more below.
 
It's important to note that divorce laws vary by jurisdiction, and the specifics of the process can differ. So that could also be something to write about.
In divorce proceedings involving children, solid child custody arrangements are of paramount importance. The court's primary objective is to ensure the child's best interests are met while maintaining the involvement of both parents.
 
Discuss the different custody arrangements that exist, including sole custody (one parent has primary physical and legal custody), joint custody (both parents share physical and legal custody), and split custody (each parent has primary physical custody of one or more children).
 
Custody determinations involve various factors, including the child's preferences, parents' parenting skills, and any risk factors affecting the child's well-being. Include that in your blog. You should also let them know in the article that they could be charged to pay child support.
Spousal support, also known as alimony, may be awarded to one spouse to maintain their standard of living after divorce. You could discuss how the court determines how they pay alimony based on factors like the length of the marriage, the earning capacity of each spouse, and the standard of living during the marriage.
Property division in divorce involves the equitable distribution of assets and debts acquired during the marriage. You need to explain that equitable distribution does not necessarily mean an equal division; instead, it aims to achieve a fair and just allocation based on various factors. Touch on factors like the duration of the marriage, contributions of each spouse, financial circumstances, and the needs of each party.
There are times when the case involves determining the biological father of a child. It has significant legal implications for both the child and the parents involved. Discuss how establishing paternity can provide legal rights and responsibilities, such as child support, custody, and visitation rights. It also allows the child to access benefits like inheritance and medical insurance. Explain that paternity can be established through voluntary acknowledgment, genetic testing, or court orders.

Navigating the Legal Landscape of Divorce and Family Law

Since divorce is a significant life event, your clients must carefully consider what it involves and the process. Explore the process in your blog and tell them to:
  • Consult with an attorney: Seek guidance from a divorce attorney to understand your rights, obligations, and legal options.
  • Gather documents: Collect important documents such as financial records, property deeds, and marriage certificates to support your case.
  • Determine grounds for divorce: Identify the legal grounds for divorce, including irreconcilable differences, adultery, or abandonment.
  • File a divorce petition: Prepare and file the necessary paperwork with the appropriate court, including a divorce petition.
  • Sort temporary orders: Address immediate concerns such as child custody, support, and property use while the divorce is pending.
Other steps involved in the divorce process include:
  • Discovery phase
  • Negotiations and mediation
  • Court hearings
  • Final judgment
  • Post-divorce matters
Mediation and collaborative divorce are alternative dispute resolution methods that aim to facilitate a more amicable and cooperative approach to divorce proceedings. Clients should understand what this entails, since it involves a neutral third-party mediator who helps the couple reach mutually acceptable agreements on issues like child custody, support, and property division.
 
Discuss how collaborative divorce involves a team-based approach, with each spouse having their own attorney and additional professionals like financial experts or therapists working together to negotiate a fair settlement. Both processes prioritize open communication, problem-solving, and reaching compromises outside the courtroom.
Child custody evaluations are an important aspect of divorce and family law cases that involve disputes over child custody arrangements. These evaluations typically involve a comprehensive assessment conducted by a neutral third-party evaluator, such as a psychologist or social worker.
 
Since many may not know these or may feel weary of someone else near their child, you need to discuss that the evaluator gathers information through interviews, observations, and psychological testing to assess the best interests of the child.
 
Explore the factors they consider, such as the child's relationships with each parent, their physical and emotional well-being, and the ability of each parent to meet the child's needs. The evaluation report provides valuable insights to the court in making custody determinations that prioritize the child's welfare.
In family law cases, the legal rights of grandparents can be a significant consideration when it comes to matters of child custody and visitation. Explain this to your clients in the blog. While the specific rights of grandparents vary by jurisdiction, many legal systems recognize that grandparents can play an important role in a child's life. Grandparents may be granted visitation rights or even custody in certain circumstances, such as when it is deemed in the child's best interests. Let them know that the process of asserting and establishing these rights can be complex and require specific legal procedures.
Divorce raises numerous questions and concerns for individuals and families, and you can likely guess what people will ask based on your own experiences with past clients. The questions below touch on various important family law issues.
  • What are the different types of divorce, such as uncontested and contested?
  • What is spousal support (alimony), and when is it awarded?
  • What should I consider when creating a parenting plan or visitation schedule?
  • What are the rights and responsibilities of unmarried parents?
  • What are the legal requirements for creating prenuptial agreements?
  • How does domestic violence impact family law cases, including restraining orders?
  • What is the process for adoption, and what legal steps are involved?
  • How can I enforce a family court order if my ex-spouse or co-parent is not complying?
  • What are the legal rights and protections for LGBTQ+ families?
  • What should I do if I need to relocate with my child after a divorce or custody order?

Expert Tips and How-To Guides

One way to provide expert guidance that will help your clients navigate the complexities of family law is through informative guides. Try a collection of expert tips and comprehensive how-to guides to give your clients a digestible way to learn about complex topics.
Here, you can discuss the essential factors to consider when selecting a family law attorney, including experience, specialization, and track record. Touch on the questions to ask during the initial consultation to ensure they know the right fit for their case.
Give expert guidance on gathering necessary documents and evidence, understanding courtroom etiquette, and communicating effectively with your attorney. Then, explain how to present themselves confidently and prepare for testimony during court proceedings.
Explore strategies for navigating the complexities of child custody disputes, as well as the different types of custody arrangements and the factors the court considers. Give insights on effective communication and cooperation with the other parent for your child's well-being.
Give practical tips for successful co-parenting after a separation or divorce. Teach them how to establish a co-parenting plan and schedule, communicate effectively with the other parent, and resolve conflicts in a way that prioritizes their child's best interests.
Give expert advice on safeguarding your assets during divorce proceedings. Help them understand marital and separate property concepts and learn strategies for asset valuation and division. Explore legal means, such as prenuptial agreements, to protect their financial interests.
main

Statute of Limitations in Family Law

Since the statute of limitations is an important legal concept in family law, you need to talk about it in your blog. Of course, this deadline varies depending on the specific type of claim or action being taken, and failure to file within the prescribed time frame can result in the claim being permanently barred.

Therefore, you should address the family law statutes of limitations that may apply to a variety of issues, including property division, spousal support claims, and child custody disputes in a blog. It is important for individuals involved in family law matters to understand the specific statute of limitations that applies to their situation to ensure that they take action in a timely manner.

Strategies for Achieving Optimal Outcomes in Family Law Cases

Family legal professionals have to shed light on effective strategies that can make a significant difference in the resolution of family law matters. Consider the following strategies in your blog:
You need to encourage clients to choose a knowledgeable advocate who can navigate the complexities of family law and provide tailored advice based on their specific circumstances.
Stress the significance of open and honest communication with clients — potential and existing. Let them know it helps legal professionals to develop personalized legal strategies that align with their needs and objectives when they share relevant information, goals, and concerns.
Discuss the advantages of alternative dispute resolution methods, such as mediation or collaborative law, since they help clients reach amicable agreements outside of the courtroom, potentially reducing costs and time associated with litigation.
Tell them the importance of prioritizing children's best interests in child custody matters. This involves advocating for child custody arrangements that support the well-being and stability of the children involved.
Address the significance of thorough financial planning in family law cases, including property division, spousal support, and child support calculations. Encourage clients to gather and organize financial documents helps ensure comprehensive and accurate financial assessment.
main

Local Resources for Family Law and Divorce Cases

Aside from the general ideas or topics you might write about in your blog, you also need to consider local resources for family law and divorce clients. Keep in mind that most of your clients will be locals in your vicinity, so keep them informed with:
 
  • Local family law statistics
  • Coverage of local family law cases
  • Updates on state and local laws
  • Community resources (including support groups, counseling services, and other relevant community organizations)
  • Tips for navigating local courts
main

Supportive Resources and Legal Aid

During the challenging process of divorce and family law cases, individuals may require additional support and resources. Lawyers can provide valuable information and guidance by including relevant content about supportive resources and legal aid in their legal blogs. This enables clients to make informed decisions and access the necessary support during divorce and family law matters.
 
 
These resources include:
  • Legal aid organizations for low-income families
  • Online tools for documenting child custody and support
  • Nonprofit organizations
  • Domestic violence shelters and organizations
  • Parenting support organizations

Work With Us

We pride ourselves in providing personalized solutions that bring our clients closer to their dream properties and enhance their long-term wealth.

Contact Us

Contact Details

Anil Jintoorkar

Phone

(516) 669-5615

Email

[email protected]

Phone

(212) 350-8500

Address

575 MADISON AVE 3F NEW YORK NY 10022 Customer Focused and Result Driven with a Boutique Approach

Submit a Message

Message sent successfully!