Divorces are very common. Many couples are choosing to divorce, which might help you feel more confident if you are considering a divorce. Luckily, there are many competent divorce attorneys available who can help you, but it is important to be realistic in your demands. Here are some things you should avoid when filing for a divorce.
1. Full Custody
Many parents use their children as a tactic to hurt their spouse. This should never be done; instead the most important thing is caring for the children. In most situations it is best if the child can still have a relationship with both parents. There are some instances where one parent doesn't want to be involved in the child's life, and in that case there may be a chance to get full custody. But in the early stages of the divorce, it is unlikely that one parent will be granted full custody. The only way to do this is if you can prove that one parent is abusive and dangerous.
Instead, in the beginning it is more common for both parents to be involved with the children and share custody. Then if over time one parent fails to pay child support, be involved with the children, or is doing reckless and dangerous things, then you can appeal to the courts to see if you can get full custody. It is just not likely that you will get full custody in the beginning.
2. The Majority Of The Estate
Second, you should be reasonable about the estate. In the majority of cases the estate the will be split evenly. Most likely the house will be sold and the proceeds split up so that both spouses can go and buy or rent their own housing. In some cases, the person who is caring for the children the majority of the time may choose to stay in the house, but this is a decision that must be agreed to by both parties.
If you try and hurt your spouse by asking for more than your half of the estate it will only prolong your divorce. Then in the end, the judge will most likely split it in half, and here you are out a ton of money in legal fees from trying to get more out of the estate. This is why it is best to be reasonable early on and try to mediate the estate evenly.
By avoiding these things you can simplify your divorce. For more assistance, contact a law firm like Bray & Johnson Law Firm.