Spouse and I will be getting a divorce. We bought a brand new home in a nice area 6 months ago. 3 year marriage, no kids. We sank our entire savings into the house and at this point, dont have any savings. I make more than her, I have been paying for the mortgages on my own. We will be selling the house and splitting everything in half, which I am somewhat okay with. I want to make sure she is okay, but I want to make sure I'm not living paycheck to paycheck afterwards. What should I do now? Should I find a divorce lawyer now? Or should I start filing the paperwork online.
You may very well be able to do this on your own if you and your wife are in agreement,however I would encourage you to have an appointment with an experienced family law attorney who can explain how things happen procedurally, how the court would handle things substantively if your wife does not agree, and answer your general questions.
"What should I do now?" Ask yourself, "do I have the time or tenacity to learn all that I need to learn to represent myself in court successfully?"
Attorneys do not have any secret knowledge or skills that make them able to represent others in court. Attorneys spent the time and effort to learn the laws and procedures to be able to represent others.
Unless your soon to be former spouse became significantly disabled during the marriage, with a short term marriage of about 3 years, the court likely will try to return the both of you to the relative financial positions you each were in before the marriage.
If the spouse needs short refresher course to update her work skills, the court may award her a few months of spousal maintenance. It would be highly unlikely for there to be spousal maintenance lasting a year or longer.
Unless you are ready to learn all that you need to know to represent yourself in court, you likely should hire an attorney.
You can review the specific facts with your attorney and then decide what to do.
I agree with other counsel. Bottom line, I recommend you buy some time with a lawyer and get pointed in the right direction, so if you start doing paperwork it is correct.
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