Navigating the Divorce Process

 Ending an intimate relationship – by divorce or break-up and separation – is part of the adventure of life. It may be a fear-filled experience with drama and crisis, it may be a peaceful transition to something new, or it may be something in between. Your life will not be over; rather, you will simply have completed one leg of the adventure and you will set course for new discoveries with new possibilities.

Consider the legal process of divorce or break-up and separation to be similar to a sailboat voyage. You need to:

  • Know your destination – Do your best to vision the position you want for yourself and your children in terms of:

1.     your emotional and physical well-being,

2.     the quality of relationship with people who are most important to you and

3.     having the resources to move forward with your plans for your future.

  • Select your captain  – Your “sailboat” needs an experienced captain to navigate the often stormy waters of a divorce or a parent-child suit. Hiring the right family law attorney may be the most important decision you make on your divorce voyage. Factors to consider include:

1.     knowledge of the law and experience in the courts where your case is filed,

2.     your “chemistry” with your legal counsel, and

  • Prepare your boat – Do your best to be prepared, including:

1.     having financial and other resources needed to make the “voyage,”

2.     gathering information with the help of your captain,

3.     analyzing the law and the facts as they relate to the issues, and

4.     having faith that “all things work together for good”.

  • Chart a course – Your lawyer should be communicating with you so that you can make sure that he/she is guiding your sailboat on the intended course. Sometimes your lawyer will “strongly recommend” a course. Assuming that you have a high trust relationship, differences in point of view should be worked out quickly

 

Shannon Law will help you navigate the divorce process successfully and help you move on to the next phase of your life.  Contact us to start planning your own voyage.

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MARITAL PROPERTY AGREEMENTS

A marital property agreement can play an important role in creating clarity about ownership and avoid costly disputes during a divorce.

The property that a person owns prior to marriage is that person’s separate property. After marriage, any property acquired during the marriage – such a wages or profits from a business or investments – are presumed to be community property .

Agreements regarding marital property may be made either prior to or after marriage.

  • The purpose of a marital property agreement made prior to marriage is to:

1.      identify each person’s separate property, and

2.     define how income received during marriage will be classified (i.e., separate or community).

Additional features may be included in a pre-marital (pre-nuptial) marital property agreement.

  • The purpose of a marital property agreement made after marriage is to:

1.      identify each person’s separate property, or

2.     to divide community property into separate property, or

3.     to convert separate property into community property.

Other features may be included in the post marital (post-nuptial) marital property agreement.

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