What Should Be Incuded In Your Divorce Order?
You are filing for divorce and want to be as clear as possible in your filing. In many situations, if you don't clearly state what you want to take with you from your marriage — from your children to your pets — you can end up in court fighting for what you feel is rightfully yours in the end.
Whether you have children involved in your marriage or not, you want a skilled divorce lawyer by your side. Your divorce lawyer will ensure you file your divorce or counterclaim to divorce in due time so you don't go into default and will ensure that communication with the other party remains civil and fair. Here are things that should be included in your divorce order.
Did you own a home before you got married, or did you make most of the payments on a home you and your former spouse shared? Ask for the home as part of your divorce, even if your name is the only one on the deed. This way, the other party cannot attempt to take your residence out from underneath you. The same goes for your vehicle.
Other assets to make sure get included in your divorce finalization include 401k and other work benefits, inherited monies, any positive funds in your personal bank account(s), and profits from a business you own alone or run with the person you are divorcing. Provide documentation of all assets and how they belong to you to your attorney.
If you don't state that the washer and dryer should stay with you, family pets are yours, and other belongings should remain in your care, the judge presiding over your divorce case may either divide out these belongings equally among you and the other party, gift them to the other party if they claim them instead, or even demand that the belongings be sold and profits shared.
Avoid the hassle of who gets what with married belongings by claiming what is yours and using your lawyer to communicate with your former partner to determine who should get the rest. Typically, the more you communicate with your former spouse, the more amicable and fair your divorce will be.
Never assume that something that was yours prior to marriage will go with you after the divorce. Your lawyer will explain how divorce works in your state and will help you have as fair a divorce order as possible.