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Divorce Pre-Planning

Divorce Pre-Planning

Before you begin any plan of action, it is wise to plan out the path forward first. Divorce, as one of the most important life decisions a spouse can make, is no exception. Ensure you have a plan in place with the help of a divorce pre-planning lawyer in Omaha before filing for a divorce.

Talking to Your Spouse Before Initiating Divorce Proceedings

If your marriage is relatively healthy, avoid the temptation of planning a divorce in secret. While there are many reasons such a strategy can be tempting, it stands to hurt you in the long run. There is rarely an advantage to be had by filing for divorce first. In fact, it is often more advantageous to discuss the matter with a spouse in a calm and steady manner, if at all possible. This way, the spouse may be more open to the idea of making equitable decisions with regard to spousal support, child support and child custody.

Why Pre-Planning a Divorce Matters

A litigated divorce that is messy often grabs the news cycle, especially when it’s a celebrity divorce, but that is far from the only (or best) option. The two most effective alternative options to litigated divorce are collaborative divorce and divorce mediation. Of course, both these alternatives will require cooperation and an ongoing discussion between the divorcing parties. Without advanced planning and the help of an Omaha divorce lawyer, these better alternatives may not be possible.

Topics to Talk About and Conversation Points to Avoid in Pre-Planning

It is only necessary that you talk to your spouse to lay the groundwork about what you want the process to look like. Namely, you want to have a divorce that preserves the health of your children. You want to agree to keep communication open and to pick a process that allows you to divorce efficiently and without draining your finances.

You do not and should not talk about the specifics of your case (like who keeps the house or the custody of the children) at this early stage in the process. We have found that when that happens without the right level of distance from the emotional issues or the right legal information, spouses almost elevate the level of hostility in the relationship and around the divorce.

Domestic Violence Changes the Equation

Pre-planning ought to only apply when there is no domestic violence involved. A threatening home environment or abusive relationship undoes the possibility of a cooperative process that is free of fear. If you are the victim of domestic violence, skip the pre-planning phase and get the legal protection of an Omaha divorce lawyer immediately.

What to Do Once You Are Ready for Divorce

When you and your spouse are finished discussing the upcoming divorce in a healthy manner, it is time to legally end the marriage. At that point, you will need an Omaha divorce lawyer who ensures your divorce happens on the terms you and your spouse agreed upon in the pre-planning stage. Whether you need an uncontested, mediated, collaborative, litigated or hybrid approach to your divorce, our attorneys will make sure your legal rights are protected. Call us for more information at (402) 509-7033 for a legal consultation to discuss your case with an Omaha divorce lawyer.

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