Don't Feel "Shafted" After Your Divorce Case - HOW TO!
Roughly 900,000 married couples get divorced in the United States every single year.
For many people who endure this process, divorce is the single most challenging and stressful legal event of their entire lives. If you are facing a divorce, then you must take the necessary steps to prevent getting a bad result and feeling shafted after it is over.
Here are some excellent tips to prevent feeling shafted after your divorce case is over.
1. Don’t go rogue and come up with your ideas on how to settle your case
This is a common mistake that many people make. They think that they can be their lawyers and do everything themselves.
But the truth is the expertise and knowledge of a skilled divorce attorney are impossible to replicate. So, always make sure to hire one when going through a divorce.
2. Check out the custody factors for parental rights
Custody of children is one of the most important aspects of a divorce.
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Some of the most important custody factors include:
- The wishes of the child's parents regarding the child's care
- The child's adjustment to the child's home, school, and community
- The child's interaction and interrelationship with the child's parents, siblings, and any other person who may significantly affect the child's best interest;
- The parent more likely to honor and facilitate court-approved parenting time rights or visitation and companionship rights;
- Whether either parent has failed to make all child support payments, including all arrearages, that are required of that parent according to a child support order under which that parent is an obligor
- Whether either parent has established a residence or is planning to establish a residence, outside this state
- The ability of the parents to cooperate and make decisions jointly, concerning the children
- The ability of each parent to encourage the sharing of love, affection, and contact between the child and the other parent
- Any history of, or potential for, child abuse, spouse abuse, other domestic violence, or parental kidnapping by either parent
There are many factors that you should be aware of, but these are some of the most important.
3. Work with your attorney at least 4-6 hours before your final hearing
You and your attorney should have enough time to go over all of the important aspects of your case.
If you do not take the time to do this, then mistakes could be made at the hearing, leading to you feeling shafted. You can prevent this by meeting with your attorney for at least 4-6 hours beforehand.
4. Understand the balance sheet and how it works
The balance sheet is one of the most important documents in a divorce. It is where all of your assets and liabilities will be listed to help you and your partner divide your assets according to the laws of Ohio.
5. Know the spousal support factors and how they apply to your case
Many factors will impact spousal support and you need to be aware of these. Here are some of the most important spousal support factors:
- The income of the parties, from all sources, including, but not limited to, income derived from property divided, disbursed or distributed under section 3105.171 of the Ohio Revised Code
- The relative earning abilities of the parties;
- The ages and the physical, mental, and emotional conditions of the parties;
- The retirement benefits of the parties
- The duration of the marriage
- The extent to which it would be inappropriate for a party, because that party will be the custodian of a minor child of the marriage, to seek employment outside the home;
- The standard of living of the parties established during the marriage; The relative extent of education of the parties
6. Be prepared for trial or negotiation - BOTH
When you go into a divorce hearing, you do not know if it will proceed to a trial, or if a settlement will be successfully negotiated.
You need to be adequately prepared for both situations. If you are only prepared for one of these situations, then you may get a result that leaves you disappointed.
7. Know what your spouse wants from the case
If you know what your spouse wants from the case, then it gives you greater leverage when you and your attorney are negotiating a settlement.
8. Know how far to go or not to go
Your attorney can help you to determine this. However, it is key for you to know this information so that you do not make a crucial mistake that results in you not getting the result that you want.
9. Stay strong
While you are going through this process, you need to be strong. To maintain your strength, get support from your friends and family members, and consider seeing a therapist.
Your strength and courage are needed to get through this process with the best result possible.
10. Don't fold
Sometimes, the best way to get a great result is to just hang on and not fold under pressure.
Your spouse will most likely seriously pressure you to give him or her exactly what he or she wants. But don’t give in!
This is the time to advocate for yourself and fight for what you deserve!
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