Every divorce, even an amicable one, is extremely emotional for everyone involved. A divorce signals the end of a relationship and a significant period in a person’s life. During a time when emotions are running high, it is difficult to make professional and financial decisions. Unfortunately, a large part of all divorces is negotiating details related to finances, including the division of marital property. When the time comes to decide who should leave the marriage with certain items, do not let emotions outweigh reality during property division discussions. Making decisions that are influenced by emotions could leave you in a difficult post-marital financial situation that could have been avoided with a bit of careful planning.
Can You Afford it?
When you find yourself arguing with your spouse over a piece of marital property, the first thing you should ask yourself is if you can actually afford to keep it. Retaining ownership of the marital home or your favorite vehicle will lose its appeal quickly when you realize that you cannot pay for your homeowner’s insurance or maintenance. Remember, even if you are awarded a financial settlement in the form of spousal support or assets from a bank account, that money may not last indefinitely. If you cannot maintain the property you want without the long-term support of the spouse you are divorcing, then you should reconsider your desire to win the property during the divorce.
Why do You Want it?
Ask yourself why you want the property you are requesting and be honest with yourself when answering. Do you want that furniture because it has emotional significance to you, because it is valuable, or because taking it will hurt your spouse? Fighting over a specific asset for purely emotional reasons is not only hard on you psychologically, it also creates difficulties for your attorney. The lawyer representing you during your divorce is responsible for communicating your desires to your spouse’s attorney and a judge. Do not make things hard on your lawyer by forcing him or her to relay questionable reasons for wanting to keep an item.
Should Someone Decide for You?
Once discussion and mediation fail, the judge hearing your divorce case will often be the person who makes the final decision regarding property division. Are you comfortable with someone else deciding what you should receive during your divorce? If you are not, then it is even more import to place your own feelings on the back-burner when possible and come to some type of agreement with your spouse. A judge who must hear dozens of cases is not going to want to spend time rehashing the same grievances your spouse and you have been disputing for months. The judge is going to focus on getting the case resolved and removed from his or her calendar.
Talk to a Lawyer
Before things go too far, discuss your situation with a property division attorney who can provide you with the insight you need. An attorney who has helped divorcing couples resolve their asset division can work with you to decide what items you should fight for and when you should focus on negotiating. The team at Vayman & Teitelbaum realize that every divorce is unique, and we work with you to come up with a fair settlement to which your spouse will agree. Contact us today and schedule a consultation so that we can begin providing you with legal representation at one of our conveniently-located Atlanta, Georgia offices.