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The Stogsdill Law Firm, P.C.
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Some divorcing couples experience few obstacles, challenges, and contention and end up completing the process relatively quick. Others struggle tremendously with concerns over how their business, children, or marital estate will be divided. They endure heated arguments, asset hiding, or a depreciation of their marital assets. In these situations, and others like them, slow and steady may be the optimal pace. Learn more about divorce planning, including what it is and what you can expect from the process.

What is Divorce Planning?

Divorce planning is all about hoping for the best but planning for the worst. It helps you prepare to make difficult decisions using logic instead of emotion. You consider the challenges that you might face, and you take steps to mitigate against them before they occur. More importantly, you feel more confident as you move through the divorce process.

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The decision to divorce is rarely made in a day. In fact, it is not uncommon to spend months or years deliberating and wrestling with the possibility of ending a marriage. Unfortunately, this means that some may become impatient to move forward with their lives. As such, they may move too quickly through the divorce process, upset their spouse, and ultimately create a negative divorce experience. Thankfully, there is a better way.

Remember That You Had a Head Start

One of the most common mistakes that deciding parties make is they forget that they have already had a head start in dealing and coping with the idea of divorce. Your spouse, who may not have even been aware of your unhappiness, has not had this advantage. They may be shocked. They may get upset or angry. At the very least, they may be in an emotionally fragile state. As such, it is recommended that you carefully consider your words, your timing, and your response to the possible reactions of your spouse.

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Posted on in Divorce

Over the last couple of decades, divorce rates have declined. Some of this is attributed to the increased rate of cohabitation before (or even in lieu) of marriage. Yet it is also possible that there are other nuclear family changes impacting the rate of divorce. Conscious uncoupling could be just one of those changes. Is it really right for your marriage? The following may be able to help you decide.

What is Conscious Uncoupling?

Divorce is generally considered an emotionally devastating and contentious process. Conscious uncouplers are attempting to redefine that process by making it less combative. Some separate slowly, and may even continue living together for a while after the divorce is complete (also known as bird nesting). Others continue to parent as a family, but live in separate houses. For example, some conscious uncouplers still take family vacations together.

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While divorce can and does happen throughout the year, there is often a spike that occurs right after the holidays. Many reasons may exist for this phenomenon, but the big concern is not when the divorce happens, but rather how. Far too many couples wait until they are ready to file before contacting an attorney. Unfortunately, this may not be in their best interest. If you intend to file for divorce in the New Year, the following information can help you better understand the benefits of planning for divorce now, before the holidays are over.

Understanding the Purpose of Divorce Planning

Divorce planning is essentially what it sounds like - a plan for the months leading up to the actual divorce. This can be especially helpful when there are complex divorce matters, such as a high net worth, contention among the divorcing parties, or complex child-related matters. It keeps everyone focused on the overall goal when emotions start to run high. Divorce planning can also help each party prepare for the future, whether that means ensuring that they have paid off some of the debt to prevent divorce-induced financial troubles, talking to a financial advisor about potential tax consequences, or obtaining suitable housing ahead of time to smooth the transition for children.

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Couples who enter marriage with (or expect to have) a great deal of income typically opt for a prenuptial agreement to protect their assets, should a divorce occur. This is not always the case, however. Some fail to take that extra step, possibly because they are turned off by the lack of romanticism in creating a prenuptial agreement. Still others may have simply been so caught up in the newness of their marriage that they honestly did not foresee divorce. Yet, divorce does happen. Does that mean the situation is hopeless, that you cannot protect your assets? Not necessarily.

You Can Still Protect Your Assets

While, yes, a prenuptial agreement is the favored way for protecting assets during divorce in marriages with a high value, it is not the only way. You may have to take some extra precautions, however. Further, you should never attempt to hide assets because this can actually result in legal trouble. Instead, talk to an experienced divorce lawyer and start your divorce planning as early as reasonably possible. This can help ensure you have legal options for protecting your assets, rather than illegal ones, and that you have a strategy in place.

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