Deciding to get a divorce is never easy. It involves emotional, legal, financial, and family considerations. Asking the right questions ahead of time can help you understand your situation and make informed choices. Below are key questions—and the answers you need to think about—before moving forward with a divorce.
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Is my marriage truly over, or can it be saved?
Some problems in a marriage are temporary and can be worked through with effort, time, or counseling. Others, like repeated dishonesty, emotional or physical abuse, or a complete breakdown of trust and communication, may indicate that divorce is the healthiest option. Be honest about whether both partners have made a good-faith effort to repair the relationship. -
What impact will this have on our children?
Divorce can be hard on kids, but so can growing up in a high-conflict or emotionally distant household. Courts will consider the best interest of the child when deciding custody and visitation. You’ll need to think about how you and your spouse can co-parent, maintain routines, and protect your children’s emotional well-being. -
What are the divorce laws in my state?
Most states allow for “no-fault” divorce, meaning you don’t need to prove wrongdoing. Others recognize fault-based grounds like abuse, infidelity, or abandonment. Some states also require a separation period before filing. An attorney can explain what rules apply to your specific case. -
How will our finances be divided?
Assets and debts acquired during the marriage will need to be divided. In community property states, everything is usually split 50/50. In equitable distribution states, a judge will divide things based on what’s fair, which may not be equal. You’ll need to gather financial documents, including tax returns, account statements, mortgage info, and more. -
Will I have to pay or receive alimony or child support?
Spousal support (alimony) may be awarded depending on the length of the marriage, the income gap between spouses, and each person’s ability to support themselves. Child support is typically based on a formula that considers both parents’ income and custody arrangement. -
Do I need an attorney?
While it’s possible to file for divorce without a lawyer, it’s risky—especially if you have children, property, or shared debt. A family law attorney will guide you through the process, protect your rights, and help avoid costly mistakes. -
Am I emotionally prepared?
Divorce is more than a legal change—it’s an emotional one too. It’s normal to feel grief, anger, guilt, relief, or even fear of the unknown. Talking to a therapist or counselor can help you manage stress and prepare for your new reality.
Taking time to think through these questions can bring clarity to an emotionally complex situation. If you decide to move forward with divorce, doing so with information and preparation will help you protect yourself and your future.
Contact FKMALaw.com and find out how we can help you!