When you and your spouse are beginning to go through the divorce process, you may be wondering what you hope to get out of this process. Whether you are the divorcing spouse or the one who was presented with papers, it is best to be prepared and understand if there are certain assets you are hoping to walk away with. If you wish to forgo working with a lawyer, you may find that it is harder to negotiate for what you want, even if you believe it makes the most sense for you to get something. However, working with a lawyer throughout this process can help ensure your needs are made known and that someone is by your side advocating for you.
Things to Consider Writing Into Your Divorce Settlement
Depending on the length of your marriage and the state, you may have more luck asking for certain items.
- Debt. If you or your spouse had a certain amount of debt coming into the marriage or accrued during the marriage, this is going to be something you should speak with your lawyer about. It is important that you list the debt you have both accrued individually (before and during marriage) as well as any debt you have gotten as a married couple. This will help you determine how to divide the debt during a divorce.
- Your Home. Depending on your financial needs, you should speak with your lawyer, like a divorce lawyer about keeping your home. In some instances, you may be able to argue to stay in your home and have your ex-spouse pay for a certain amount of the mortgage depending on your circumstances. On the other hand, you may be required to buy out your ex-spouse’s portion of their equity in the home in order to stay in it.
- Retirement. Especially for those who are getting near the retirement age, you may be wondering if you have any claim to your spouse’s retirement fund. It is absolutely possible to still demand a certain amount of the retirement fund in question and this can be impacted by the length of time that you were married.
- Heirlooms. If there are certain pieces of furniture, jewelry, or other items that hold a special place in your heart, it is best to make note of these to your lawyer as soon as possible.
These are just a few of the factors you may want to consider when it comes to what you may want or need from a divorce. Do not hesitate to speak candidly with your lawyer about what will make this process easier for you and what would help you once the divorce is finalized. Reach out to a trusted divorce law firm now.