If you are considering divorce in Massachusetts, or you believe your spouse will want to divorce in the future, planning ahead of time can have a significant influence on several aspects of your divorce.
In particular, the financial outcome of your divorce is something that you should think about in advance. Going through a divorce is a major financial decision so it is imperative to plan ahead, whether you are significantly wealthy or of a smaller income with few assets. Early preparation can be as simple as making copies of important financial records, such as recent tax returns, bank statements and credit card payments.
Divorce not only affects you and your spouse, but it has a major impact on the children of your marriage. Planning ahead makes the transition easier for your children. You should try your best not to let the divorce disturb your relationship with them or distract you from being an attentive parent. It is often a good idea to arrange for counseling to help the children through this transition.
Through this time you should begin keeping a journal to record everything you do with your children, and include time spent with your spouse as well. You should also track any negative incidents, such as your spouse failing to pick up the children as arranged, or arguing in front of your children. Any documentation that would support what you have recorded in your journal should be collected and saved as well.
You will find later down the line that tracking this information will become important in the event you and your spouse cannot reach an agreement as to custody of your children. When parents cannot agree on custody, the court will then have to decide how it will be arranged, either jointly to both parents or solely to one. The court makes this determination based on the best interest of the child.
To determine what is in the best interest of the child, the court will consider factors such as:
- The relationship of the child with each parent and the ability of each to give love and guidance
- How willing is a parent to encourage a relationship between the child and the other parent?
- How can the child’s routine be preserved?
- Who has been the primary caretaker of the child?
- What are the child’s ties to the school and the community?
By preparing for a divorce ahead of time, you will find that your stress level can be significantly reduced in the face of all the emotion and conflict associated with divorce. You are allowing yourself to make sound decisions for your life and your children’s life after divorce by avoiding the unprepared rush through the process.
-Moira Daly
