Thinking of getting a divorce? You’re not sure where to start? Don’t worry, many people go through the same thing. If you think that divorce is the only way out, you may have some questions running through your mind such as, who should leave the family home? among many other questions. It is very clear that an amicable divorce is always preferable but if you are lost and do not know how to start, then we will tell you what are the details you should take into account before going to court.
Value your Options
If there is no going back and you are determined to continue with the divorce, the first thing to do is find out about the different possibilities or options available to you. For example, if you can choose to separate for a time first and then file a divorce, find out what your right to the family home is, find out what rights your children have over that home, evaluate custody, etc.
Take the time to evaluate everything necessary since making decisions under times of stress and in a hurry can have bad consequences. If you need advice, it is best to consult a divorce lawyer for guidance.
Gather the Paperwork
There are two important documents you should have on hand to request a divorce:
- Marriage certificate. If you don’t have it, you can request it at the Civil Registry where you got married.
- Birth certificate of the child you have in common. If you do not have it, you can request it at the Civil Registry where the birth is registered.
Apart from these two important documents, you should keep close other documents such as contracts, car papers, house documents, the rental contract, etc.
Design the Ideal Regulatory Agreement
Now that you have the most important papers at hand, and after having consulted a professional, you are aware of your rights, it is time to write your regulatory agreement. This means that you must make it clear in writing what you want to achieve with the divorce and after the divorce.
In this document, you must detail who will remain in the family home, who will have custody of the children, whether this custody will be shared or not, how much you will need as alimony, how the common goods will be distributed, etc.
This information must be resolved to proceed with the divorce, therefore, it must be submitted together with the request for it. This will help you to save time before you meet with a lawyer and starting the paperwork and to understand where you stand with your ex, even if the divorce is amicable.
Still, if you need some advice, tips, recommendations, specific help, contact a lawyer to help you to write this document.
This article is intended to be helpful and informative, but legal matters can be complicated and stressful, that is why, this is not legal advice, always consult a qualified divorce lawyer who can address your particular legal needs, explain the law, and represent you in court.