A common problem for divorcing couples is that after the divorce petition is filed, they forge ahead and make decisions without either spouse being fully informed about all relevant facts concerning their financial situation. At Bruckner Hernandez Legal Solutions, we help to address those issues with our pre-divorce legal counseling. Pre-Divorce legal counseling can prevent problems that arise from hastily made decisions.
How Pre-Divorce Legal Counseling Works
The purpose of pre-divorce legal counseling is to educate the client, in order for them to have a clear picture of the state of their finances. Before making any important decisions, it is imperative to have all financial information. This includes all information about retirement plans, investments, real estate holdings, savings accounts, etc. Even if some property may be considered separate property, outside of the marital estate, the information needs to be reviewed.
Only after all the information is on the table can a divorcing couple make knowledgeable financial decisions. When each spouse knows the facts and has pertinent legal advice, it is more likely that they can then work out their own marital settlement agreement.
Knowledge is power and, for most people, knowing what is required per state law and local court rules, as well as being educated on the range of possible outcomes were there to be a court process, enables them to participate in meaningful discussions with their spouse. This is generally true whether the discussions take place at the kitchen table with their spouse or facilitated by a mediator or through a Collaborative Process.
In pre-divorce legal counseling, the client learns to understand the importance of being fully informed and on the same page with their spouse in terms of financial information so that they understand their rights and responsibilities. When they get to this place of knowledge, they can then move forward and hopefully reach agreements about their settlement agreement.
When couples create their own agreement, they are more satisfied with the result than they would be if a judge has to decide for them. They are also more likely to comply with the terms of their own agreement and less likely to have to return to court to ask for intervention.
How a Collaborative Divorce Helps
In a Collaborative Divorce, both spouses may meet with a neutral financial professional who can help them understand their financial situation. The financial professional guides them through different scenarios so they can determine for themselves a plan that will work for them and serve the best interests of their family.
Informed decision making in a divorce means that the spouses have the same knowledge base. They make their financial decisions from a place of knowledge and not from a place filled with emotion and/or fear.
For more information on pre-divorce legal counseling and for assistance in all other aspects of the divorce process, contact us at Bruckner Hernandez Legal Solutions, LLC, to schedule a consultation.