Sometimes, despite the best efforts of both spouses, marriages fail. If you are in a situation where you want to end your marriage and initiate divorce proceedings in Birmingham, you have to be extra cautious about the legal process. Most divorces in Alabama are no-fault divorces, although there are fault grounds, too. It is enough to state that your marriage is irretrievably broken, and you don’t need the permission of your spouse to start. In this post, we share the mistakes you must avoid during the divorce.
Not hiring an attorney
Even if you are in an uncontested divorce, you need a Birmingham family lawyer for your case. Because there is so much information online, people often assume that they can proceed without legal assistance. That could be a big mistake. Whether you want to understand your rights or Alabama laws, you need an attorney who specializes in the field. A lawyer can also offer unbiased and genuine advice on how to deal with various complications and circumstances that are unique to your divorce.
Move out without thought
There are many reasons why one spouse may choose to move out of the marital home, such as conflict, abuse, and emotional distress. However, it is pertinent that you talk to your attorney before that step. Alabama laws require at least one spouse to be living in the state for six months or more before filing the papers. If you move out of the state or relocate without planning, you may not be in the position to initiate the process. The marital home is often the most significant asset, and it is essential that you assert your intention to retain the house. Even if you don’t want to stay in the marital home, your lawyer can help negotiate a fair share during discussions.
Riding high on emotions
There is no denying that divorce is a challenging decision. Even if you have resentment towards your spouse, you shouldn’t let your heart rule your mind. Anything you do out of emotions could be impulsive and not the best choice in the long run. Emotional decision-making can particularly hurt other aspects, such as parenting plans and child custody. For instance, you may want the custody of your child because you love them, but your spouse might be in a better place to care for them.
Not gathering financial information
Before you even start with the divorce, you have to gather as much financial information as you can. Financial records are critical for matters like alimony, division of assets, and child support. When you are contemplating divorce, talk to your attorney and ask them about the documents you need. The list usually includes income statements, tax returns, credit card statements, mortgage papers, and investments. You will need the details to negotiate and discuss how marital properties and debts will be divided. Also, your lawyer can fight for alimony if you have been a dependent spouse.
Not being open to communication
There is usually anger, bitterness, and frustration between separating spouses. If you and your spouse are not on talking terms and decide to take the divorce to court, you will have to accept everything the judge decides, which may not be ideal. Instead of litigation, consider communicating with your spouse, even if that means letting the attorneys do the talking. There are also options like mediation that can help. The idea is to ensure there is room to have a conversation.
Find a competent family lawyer in Birmingham and ensure they know everything that may impact the divorce. Your lawyer will ensure you have the legal support and representation to protect your interests.
Angela Spearman is a journalist at EzineMark who enjoys writing about the latest trending technology and business news.