Important Questions to Ask Before a Divorce

Nearly 40% of first marriages end in divorce, while between 60-73% of second and third marriages also don’t make it.

We know that these numbers can be a bit harrowing, but it’s important to remember that marriage counseling is always on option.

However, sometimes, it really is in the best interest of not only the couple themselves, but also their children, to file for divorce.

In addition to the difficult emotions associated with the divorce process, you should also consider both the legal and the financial aspects of splitting up.

It’s essential to be prepared and to consider the legal and financial sides of divorce before making your final decision.

In this post, we’ll tell you the most important divorce questions you need to ask if you’re considering ending your marriage.

1. Have You Tried To Fix The Relationship, And Is It Worth Fixing?

First up on our list of the most important divorce questions?

Assessing whether or not you and your partner have actively tried to get your marriage back on track. Have you met with a marriage counselor, tried a trial separation period, or seen therapists individually?

Have you communicated the issues that you’re having in your relationship to your partner? Have you been able to determine whether or not the two of you still want the same things?

These are crucial questions and steps to take not only for your overall emotional health, but also because you’ll need to be able to prove “irreconcilable differences” in court.

Of course, in some cases, one spouse may be so abusive or manipulative towards another that the relationship wasn’t simply unfixable, but too dangerous to stay in.

In fact, over four million women are the victims of domestic violence in a single year (though of course, DV isn’t always a gendered crime.)

If this describes your situation, keep track of as much of the abuse as is safe and possible. Take photos, write down dates and describe incidents, and even film episodes secretly if possible. This will also help you in court.

2. Will You Be Able To Handle Child Custody Agreements Amicably?

Next up on our list of the top divorce questions?

Deciding whether or not you and your spouse will be able to come to a custody agreement and visitation schedule amicably when deciding the future of any children you’ve had together.

We know that, for most couples, this is the most emotionally challenging part of the divorce proceedings.

If you want custody, start collecting evidence that could show the court that you’re a fit parent. Also consider that your partner might try to prove you to be an unfit parent, and begin to prepare counter-arguments for those attacks.

Additionally, try to come up with a potential visitation schedule, child support payment structure, and even start researching the child custody laws in your state.

Having a firm understanding of the fundamentals of child custody laws, and attempting to solve things amicably before you head to court, will help to give you a leg up.

3. How Might Marital Assets Be Divided?

This is another crucial entry into our list of divorce questions.

Of course, the division of assets when it comes to divorce will vary greatly depending on whether or not you had a pre-nuptial agreement in place before the marriage took place.

You should also consider whether or not, like child custody, you and your partner would be able to come to an amicable agreement regarding the division of your assets in the event of divorce.

You can even meet with a lawyer on your own to help you get a better understanding of how assets will most likely be allocated.

Things can get very messy, very quickly, when it comes to the division of marital assets. Did you buy a house together? How will you handle any joint bank accounts or investments? What about large financial gifts from family members?

Meeting with a lawyer before you file for divorce will help to ensure that as many of your assets as possible are protected.

4. Will You Or Your Partner Seek Spousal Support?

The final entry on our list of the most important divorce questions to ask yourself and your partner?

Whether or not you or your partner will seek spousal support, commonly referred to as alimony payments, after the divorce.

Sometimes, you or your spouse may even be able to request these alimony payments even if they are not actually needed.

This can end up creating serious financial difficulties for the partner expected to pay alimony.

To prevent any surprises, and to understand what you might be forced to pay, we strongly suggest that you meet with a lawyer on an individual basis.

Your state may have specifications when it comes to the duration of these alimony payments, as well as the potential amounts. You should begin to develop a strategy for negotiating the amount you’re expected to pay as soon as possible.

Ask These Divorce Questions Before You File

We hope that this post has helped you to understand the most crucial divorce questions that you need to ask both yourself and your partner before you choose to file.

Remember, the less time you’re able to spend in court, the lower your attorney fees will be — and the faster the proceedings will go.

Need an expert divorce lawyer that’s well-versed in the laws of Texas?

We’re here to help.

Spend some time on our website to learn more about how we can assist you with every aspect of your divorce. When you’re ready to take that first step, reach out to us.

You can rely on us every step of the way.