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You are here: Home / Articles / Divorce FAQs / Important Divorce Questions to Ask Before One Files

Important Divorce Questions to Ask Before One Files

May 18, 2017 By Patricia Barrett

When separating from a spouse, many couples have a lot of divorce questions. Separating is not as “simple” as it used to be with laws, taxes, children, households, and other things to consider before breaking those ties that bind. No one wants to think about such a final ending to a once romantic, blissful relationship. However, when things happen that reconciliation is not possible, knowing some answers to keep things going smoothly is vital to the betterment of both parties.

There are some common considerations all couples should think about before finalizing those papers and decrees. Everyone involved should take the time to consider some common divorce questions.

What is a legal breakup?

Most people know that to break up means to end a relationship. However, the official “dissolution of marriage” is an important legal action separating one legal estate into two separate entities. By law, man and wife are considered one family with that family constituting a legal entity. When a couple splits up, that single entity splits to form two separate entities.

The dissolution of marriage resolves into many issues including spousal alimony, child support, property division, and visitation of children from the relationship. Divorces, by definition, are a legal termination of marriage.

How long does it take to get the dissolution of marriage finalized?

An uncontested action can take only a couple of months. However, contested actions can take a year or more depending on whether or not children are involved. Many divorce questions concern the length of time it takes to complete the process. However, a complete dissolution can take quite some time depending on the compliance of the two parties. Children also add some time to a divorce, especially if a party decides to contest the custody agreement. Usually a divorce mediator is assigned to the case, but couples cannot always come to an amicable agreement, even with the assistance of the divorce mediation. In that case divorce arbitration is a viable option.

What else should someone consider before filing for the dissolution of marriage?

Taxes are an enormous consideration. A person will usually need to speak with a Certified Financial Planner or other consultant to discover the new laws regulating personal taxes. In addition, many families will need to consider how the child tax credit will affect the new households. Sometimes, both parents can take turns claiming their children, but it is important that each parent finds an agreement that works best for their personal situation. Divorce and taxes, particularly when children are involved are certainly an important issue to resolve in any divorce proceeding.

How is health insurance handled?

The medical insurance is probably one of the most important divorce questions encountered. Insurance is a vital part of staying healthy, and generally, the children will be covered by the parental figure’s insurance policy that is best for the child. However, all situations are different. Insurance coverage through a group policy is the best alternative.
No one wants to think about the dissolution of a marriage. However, this legal action is more common than many people realize. With so many couples filing for divorce, questions arise, and it is important to find the answers prior to moving forward. There are a lot of answers online, though the best solution is choosing a Divorce Financial Planner in the area that is both certified and experienced, because laws differ greatly from one state to another.

Filed Under: Articles, Divorce FAQs

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