I have been in a struggling marriage and am not sure it can be saved. What are the first steps I should take when considering divorce?
While I am only licensed to practice in Virginia, I can give you some general observations on this issues based on the jurisdiction where I do practice.
Where I do practice in Virginia, I generally advise clients that the first thing to do in a divorce is to start planning for the divorce before ever filing any documents. What this means, is to make sure that your bank accounts are in order so that one party is unable to take all the money, make sure that you know which personal property items you would like to keep, and if you are thinking about leaving the home, make sure you have somewhere to go. While this may all seem very rudimentary, proper planning can prevent a lot of the perils of divorce.
If there are children involved, you also may want to formulate a plan on what type of custody you will want before leaving. If you are going to seek full custody, it may be advantageous to have your spouse leave the home.
Divorce and child custody/support is very fact-specific and requires a specialized knowledge of local law. For these reasons I would suggest you contact an attorney who specializes in family law matters in your jurisdiction.
Remember, I am unable to provide you with anything more than tips on divorce, so please contact an attorney in your jurisdiction to obtain specific advice.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, contact Cordell & Cordell.