By: Gorden Law September 12, 2023

Top 5 Key Factors to Consider Before Filing a Divorce

Factor One: Consider Your Finances

Even an amicable divorce has the potential to be expensive. You and your partner will likely divide your assets. Although it may not seem like it, this is essentially equivalent to halving your net worth. Factor in the fact that you will need enough assets to find a new place to live, furnish that new place, and any expenses with moving your property to the new location. You may need to buy a new vehicle if you do not own one or if you are not keeping a vehicle from your marriage. This means you will also need to consider the cost of insurance, registration, and potentially parking. If you choose to move to a different city or different state after your divorce, this will accrue even more expense.

If you and your partner have a house with a mortgage, consider the increased cost if you take over the entire mortgage or remove yourself from the mortgage post-divorce if you will not be keeping the home.

This process will happen in repeat for anything you and your partner share the expenses on, including but not limited to vehicle expenses, credit cards, loans, shared memberships, home or renters, vehicle insurance, and any other shared expenses you will either be taking over by yourself or you will no longer be responsible for if your former partner will be taking responsibility.

Also, consider attorney expenses. You will want an experienced, compassionate lawyer to represent you and help you traverse this complex and sometimes confusing process.

So, before filing, create a table of your shared expenses, and try to plan out what your new expenses will look like. Also, make sure you have copies of important financial documents, such as tax returns, mortgage and other loan documents, investment accounts, financial statements like bank documents, and credit card statements. Keep this organized and filed in a safe place.

It is recommended that you save and maintain at least three months of financial resources.

Factor Two: Consider Your Grounds for Divorce

When considering divorce, you will want to consider under what grounds for divorce you will present to the court. The simplest way to define this would be the reason you want to end the marriage, whether or not the decision was mutual between you and your partner, and if you and your partner are acting amicably regarding the splitting of assets and possessions.

Nebraska allows no-fault divorces. This means that divorce is granted without establishing fault of either you or your partner. Grounds for no-fault divorce can be irreconcilable differences or similar grounds.

In fact, Nebraska does not support at-fault divorces. This means that neither you nor your partner will need to prove one or the other was at fault for the divorce. This means that when you are filling out the paperwork to file a divorce, you won’t even find the option of filing an at-fault divorce.

Nebraska allows incompatibility as grounds for divorce. This is defined as persistent and unresolvable differences or irreconcilable conflicts between spouses that make it impossible to continue living together as spouses. This can be a clash of goals, religion, lifestyle, or philosophies.

Factor Three: Remain Amicable When Possible and Silent When Not

Considering divorce is already stressful. It can bring out the worst in all of us, but acting or reacting in an emotional, negative, or unprofessional manner can make it more challenging to come to a mutually beneficial resolution.

Avoid threatening divorce until you are ready to file. If you fear a less-than-amicable divorce, you want as much time to plan and save as possible. The more time you have to plan, the better. Do not instigate an argument or attempt to use the threat of divorce as leverage.

If your partner tries instigating an argument or fight, avoid the conflict and remain passive. Taking the bait may be precisely what your partner wants. While Nebraska is not an at-fault state when it comes to divorce, you want to stay on the good side of the courts. This will only make your experience easier and more manageable.

Factor Four: Plan for Your Children

Your divorce will be more complex if you have children with your partner. While you may no longer feel like you and your partner make a good marriage, you can still be amicable regarding your children. Remember, your children need both parents in order to live a balanced, well-adjusted life. While planning your divorce, remember to factor your children into your financial planning. You may want to be prepared with a therapist, as counseling can help you and your children adjust to this new lifestyle.

Never talk negatively about your partner with your children. Even if you feel like you are justified in your opinions about your partner, your children should not be exposed to such views of their other parent. If you would not want your partner to talk negatively about you to your children, try offering them the same treatment, it will make the divorce experience easier for both you, your partner, and your children. In the future, your children won’t remember who was “right,” but they will remember what their parents said about each other during a difficult time.

Factor Five: Seek Legal Counsel

It is impossible to remember everything when trying to plan for a divorce. The experienced lawyers at GordenLaw, LLC are prepared to help you and your children arrive at the safest conclusion.

In the process, getting a lawyer as soon as possible will assure you leave the relationship with what you are owed. You do not have to wait until you file for divorce to seek out an attorney.

Contact the offices of GordenLaw, LLC, to schedule a consultation. Call us at 402-798-4462 as soon as possible.