Legal Ramifications of Filing for Divorce

When a marital relationship has deteriorated to the point of filing for divorce, the soon-to-be-ex-spouses will have a lot on their plate. Not only does running into mutual friends lead to extremely uncomfortable small talk, even talking to your own family or in-laws can turn into a very draining task. Your default of explaining things in terms of “we” will slowly turn into short stories about me, myself, and I. When someone asks, “how are you?” it takes a long time before it really sounds like an easily answerable and casual question.

These are the scenarios that everyone going through a divorce anticipates and can relate to. What many forget is that there is a legal aspect to dissolving the contractual obligation that once was your marriage. If you are anticipating divorce or are even in the midst of one now, it is important to consider these legal ramifications of divorce that you may soon encounter.

THERE MIGHT BE NO TURNING BACK

Once you have legally filed for divorce you cannot simply put a stop to the divorce process. Even if you filed for divorce alone and without the knowledge or consent of your spouse, you can’t stop the process by yourself. Both parties must agree that the divorce process should come to an end. If a judgment has already been entered on the matter, meaning a judge has granted you a divorce, the issue is closed and you are divorced.

YOUR CHILDREN WILL NOTICE

If you have children and are going through a divorce, do not be fooled into thinking they won’t be affected. The majority of children of divorcing parents show signs of psychological, emotional, or social distress. This is especially true where parents have argued or yelled in the presence of the child. This distress is long lasting and can impact a child’s sense of self-worth well into adulthood. Ask your Mankato family law attorney about a child therapist to ensure that the divorce process does not negatively impact your child. Couples who are respectful of one another are able to find mutual ground in their shared goal of co-parenting their children.

PHYSICAL SEPARATION DOESN’T REALLY AFFECT YOUR DIVORCE

There is a common misconception that remaining in the marital home is important during a divorce process. Once you begin the process the court will not view you in a negative light simply because you have left the home. In fact, if you and your spouse are experiencing a hostile relationship, it is probably best for one of you to leave. In fact, as a general rule, a court does not punish divorcing spouses for their bad behavior and does not award the innocent party for their good behavior. The goal is for everyone to seek a civil and respectful dissolution agreement, not to decide who has the most admirable character.

Our divorce lawyers at the Kohlmeyer Hagen Law Office understands the emotional toll a divorce will inevitably have on you. We also understand the legal ramifications of a divorce and will work with you to seek the best possible outcome. The dissolution of your marriage may cause you to feel like you’ve been taken for a ride; we can help put you back in the driver’s seat. Contact us today to discuss your goals.

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