Should I Call a Lawyer Before I Tell My Spouse I Want a Divorce?

If you’ve come to the conclusion that it’s time for a divorce, you may be overwhelmed at the thought of the process. Separating your life from your spouse’s is not an easy thing to do, especially when children are involved. You may also be worried about how your spouse will react to the news.

Will they agree with the divorce and understand that the two of you are no longer good for each other? Or will they get angry and want to get even?

The truth is that you never really know how someone is going to react to the news that one spouse wants a divorce. This news can be particularly upsetting when the other spouse doesn’t want the divorce. If your spouse reacts poorly, this could mean that they will try to make you suffer.

They might try to fight you for custody of the kids, or “take you for all you’re worth.” During the divorce process, you need to be watching out for your interests. You don’t know how your spouse will handle the news, so consider contacting a lawyer before you tell your spouse that you want to split up.

How Can Your Lawyer Help You Before You’ve Filed for Divorce?

Getting your ducks in a row is a good idea before you file for a divorce. Your lawyer can advise you on what you should do before you tell your spouse the bad news. Here are some of the ways your lawyer will help you prepare for your divorce before you’ve even begun the paperwork:

• Advise you on your financial status, what financial moves to make, and what documents to gather
• Advise you on what purchases you should make and what items to sell before your assets and debts are assessed
• Help you collect any documentation you need pertaining to child custody
• Coach you on how to respond to arguments or negative situations
• Help you with decisions regarding where you will live and what property is important to you

How to Prepare for a Divorce in California

Here are a few more tips on what you should do before you tell your spouse you want a divorce:

• Don’t act like you’re single before the divorce process has even begun.
• Develop a strong support system to fall back on during and after the divorce process.
• Prepare for how you will tell the kids.
• Be realistic about your expectations.

Reach Out to a Rancho Cucamonga Divorce Attorney

Preparing for your divorce ahead of time is a smart move. It’s better to be proactive than reactive, and you will feel much better about the process if you’re prepared. It’s still bound to be an unpleasant situation, but a qualified divorce lawyer can help.

Speak with the Law Office of Laurence J. Brock to start preparing for your divorce. Fill out the online form at the bottom of this page or call 909-466-7661.

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How Tax Reform Will Affect Alimony in CA

If you are going to be filing for divorce in 2019 and expect to pay alimony, or if you are looking to modify an existing alimony order, you may be in for a surprise. Tax laws that recently took effect have made some changes to how alimony affects your taxes. Read on for more information about the changes that have recently gone into effect.

Tax Reform and Alimony in California

Because of the federal tax reform, those who pay or receive alimony may notice the following changes:

• Alimony payments used to be deductible for the payer. They are no longer deductible under the new tax law.
• The payee (the person receiving spousal support payments) used to have to report those payments as income on their tax return. The payee no longer has to report spousal support payments as taxable income.

Keep in mind that these are changes to federal tax laws, meaning state laws could have different requirements.

What Does This New Law Mean for You?

If you are the person making spousal support payments, you may want to speak to a lawyer about alternative ways of lowering your tax liability. If you are the receiving spouse, this law will benefit you, as it will lower your taxable income considerably. Keep in mind that this new law may compel the court to adjust the amount of spousal support that paying spouses will need to pay moving forward. The courts will likely take this law into consideration when making decisions on spousal support orders.

Reach Out to a Divorce Attorney

Are you in the process of filing for divorce in California? If you need help with your divorce or a related matter, reach out to a Rancho Cucamonga divorce attorney for assistance. Your attorney can help you understand how the new tax law will affect you. The Law Office of Laurence J. Brock can be reached by dialing 909-466-7661. You’re also welcome to visit our website for more details on alimony in California.

Getting a Divorce When Your Spouse Doesn’t Want To

Marriage is a complicated relationship with many ups and downs, and it’s a simple fact of life that marriages don’t always last forever. People change, they grow apart, they find they have different interests years down the line, or they do irreparable harm to one another during moments of weakness.

Whatever issues have caused you to decide that divorce is the best step for you doesn’t necessarily mean that your spouse agrees. Despite the issues in the marriage, sometimes a spouse isn’t ready to quit, or for whatever reason is willing to overlook the issues and keep trucking along.

Unfortunately for your spouse, marriage can be ended when only one party wants the divorce. You can still receive a divorce whether your spouse is ready for it or not, but you might not want to stir the pot.

There are ways to handle the situation so that your spouse can slowly come to terms with the prospect of divorce, and you can, hopefully, end the marriage without things turning nasty.

Approaching Your Spouse Regarding Your Decision to Divorce

The first thing you need to do is lay the cards on the table. You can’t just assume that your spouse is going to know that you want a divorce without spelling it out for them. You will need to ensure that they know that you are serious, and that you aren’t just threatening or trying to manipulate them.

Next, you want to give them some time to process the information. They might even be angry, aggressive, or volatile. Now’s not the time to try to resolve the situation; you need to give them time to come to grips with the ending of the marriage.

Later, you can attempt to discuss legal family matters, such as child custody, child support, alimony, and other issues.

If Your Spouse Still Doesn’t Want the Divorce

Even after you’ve given your spouse some time to process the thought of divorce, they still might not want the dissolution. You can still get a divorce. You will need to submit the paperwork to the court and have your spouse served.

How you handle the initial stages of the divorce will set the groundwork for the dissolution proceedings, so it’s important to try to be as open to communication as possible. Start with these tips:

• Tell your spouse that you’re filing the paperwork and that they will likely be served with it soon, so they aren’t blindsided when it happens.
• Tell them that they can’t change your mind about getting a divorce, but you’re happy to discuss other matters, such as how you will divide parenting responsibilities.
• Let your spouse know that you would like to avoid court, if possible, but you’re willing to try mediation, for instance.

Need Help Filing for Divorce in California?

The divorce process can be tricky, whether both parties want the divorce or not. You don’t have to go through this process without legal assistance. An attorney can help you communicate with your spouse, assist with mediation, and help you, should you need to take your divorce case to trial.

Contact The Law Office of Laurence J. Brock to get started on your divorce case. Call 909-466-7661 or send in the online contact form on this webpage.

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