Factors To Consider Before Making the Decision to Divorce

Published by:
Nontle Nagasawa

Reviewed by:
Alistair Vigier
Last Modified: 2023-08-21
Making the decision to divorce is complicated.
There are things to consider before filing for divorce. The stress and emotional turmoil associated with breaking up with your spouse can be overwhelming and lead to rushing to file for a divorce.
There could be many good reasons for ending your marriage, including physical or mental abuse making it unsafe to continue the relationship, but rushing to file for divorce could be a mistake.
You might read about how common divorce has become in Canada, but that is not a reason to rush to file for one. It is far better to take the time you need to create an exit strategy to prepare yourself for the divorce process and for life outside of your marriage.

The decision to file for divorce
Before filing for divorce, it’s imperative to weigh the key factors that come with such a momentous and often emotionally charged decision.
Take a step back and assess the state of your relationship and the reasons behind your consideration for divorce. Are there any underlying problems that could be addressed through therapy or counselling?
Have you tried everything in your power to improve the relationship? This thorough evaluation is crucial in determining the fate of your marriage.
Understanding the Emotional Implications of Divorce
Be mindful of the financial impact of divorce. It often results in significant financial changes, so it’s important to be well-prepared for these changes and understand how they will affect you and your family.
This includes being aware of the cost of divorce proceedings, as well as the potential changes to your income and expenses. Additionally, consider any debts or assets that need to be divided between you and your spouse.
Best interests are taken into account
Think about the effects of divorce on any children involved. Divorce can be especially challenging for kids, and it’s crucial to make sure their best interests are taken into account and they are protected.
This could involve seeking the advice of a child psychologist or family therapist to ensure that your children are supported throughout the process.
Surround yourself with a supportive network. Divorce can be a difficult and draining experience, so it’s essential to have a solid support system in place to help you through it. This may include friends, family members, or a therapist who can offer emotional support and guidance.
By carefully considering these critical factors – the state of your relationship, the financial impact, the impact on any children, and your support network – you can ensure that you’re making the best decision for yourself and your loved ones.
What are the 4 major predictors of divorce?
Effective communication is essential for any relationship, and its absence can be a major contributor to the likelihood of divorce. When couples struggle to communicate, it can create a breakdown in the relationship and hinder their ability to resolve conflicts.
Infidelity can cause severe trust issues and emotional trauma within a relationship. This can lead to feelings of betrayal, anger, and a loss of intimacy, which can ultimately contribute to the breakdown of the marriage.
Money problems can be a significant source of stress and disagreement within a marriage, leading to arguments and unrest. If not addressed, financial problems can put considerable strain on the relationship, increasing the likelihood of divorce.
The Financial Aspects: Preparing for a New Economic Reality
Research has indicated that couples who experienced issues prior to marriage, such as cohabitation, are more likely to divorce. This may be due to a lack of opportunity to work through these issues before entering the marriage, leading to ongoing conflict and dissatisfaction.
It’s important to keep in mind that these predictors are not set in stone and some couples may face them and still have successful marriages. Recognizing these potential challenges, however, can help couples work to address and overcome them, increasing the chances of a lasting and happy relationship.
Familiarize yourself with the law pertaining to divorce
Divorce is a court proceeding to terminate a marriage.
If you are separated from your spouse and have a written separation agreement in place resolving child custody and parenting, support, asset sharing and other issues.
You still must go through a divorce proceeding in order to end the marriage regardless of how long you and your spouse have lived separate and apart.
You must have grounds in order to file for a divorce, so now is a good time to take a look at your relationship with your spouse to determine if you have the ability to ask a court to end your marriage.
Impacts on Children: Prioritizing Their Well-being and Future
In order to file for divorce in any province in Canada, you must prove the breakdown of your marriage based upon one of the following reasons:
- Adultery committed by your spouse
- You have been the victim of physical or mental cruelty by your spouse
- Living apart from your spouse for at least one year
A separation from your spouse for at least one year is grounds for divorce regardless of whether or not there is a separation agreement settling custody and financial issues between you.
Consider before filing for divorce
The more documentation you have in your possession before filing for divorce the easier it will be. It will help you identify assets subject to being distributed as part of the settlement.
It also makes it difficult for your spouse to hide assets. You should have statements and documentation to prove their existence.
Some of the records and documents you should gather include the following:
- Bank and investment account statements
- Mortgage and title documents for the matrimonial home and other real property
- Pension benefit records
- Statements and documents pertaining to other types of assets. These include artworks, household furnishings, vehicles, jewelry and other items of personal property.
The process of ending a marriage includes the distribution of the real and personal assets acquired by the parties. These include an increase in the value during the marriage of property. Also, the assets brought into the marriage by one of the spouses.
Documents and records allow your lawyer to identify those assets subject to distribution and those excluded from distribution.
How does the financial impact of divorce affect a family?
The financial impact of divorce can have significant effects on a family. Divorce proceedings can be costly, and it’s important to understand the potential changes to your income and expenses.
This can include the division of debts and assets between you and your spouse, which can result in a significant change in your financial situation.
The cost of living may increase for both partners if they were previously sharing expenses. The loss of one income or the reduction of combined income can also put a strain on a family’s finances. It’s essential to consider the financial impact of divorce and be prepared for the changes that may come with it.
What should you do before asking for a divorce?
Making the decision to ask for a divorce is a weighty one, and it’s imperative to carefully consider several crucial factors before proceeding.
Begin by evaluating your relationship and the reasons for seeking a divorce. Are there any underlying issues that could be resolved through therapy or counselling?
Making the Decision to Divorce – What About Improving It?
Have you tried everything possible to improve the relationship? It’s crucial to thoroughly assess the state of your marriage before making a final decision.
Contemplate the financial impact of divorce. Divorce can result in major financial changes, so it’s important to prepare for these changes and understand how they’ll affect you and your family.
This includes understanding the cost of divorce proceedings and potential changes to your income and expenses. Consider any debts or assets that need to be divided between you and your spouse.
Effect of divorce on any children
Think about the effect of divorce on any children involved. Divorce can be challenging for children, so it’s crucial to ensure that they are protected and their best interests are taken into account.
This may involve seeking the advice of a child psychologist or family therapist to ensure that your children are supported throughout the process.
Have a strong support network in place. Divorce can be a difficult and emotionally draining experience, and it’s crucial to have a supportive group of friends, family, or therapists to help you through it.
Before making the decision to ask for a divorce, seek the advice of a qualified attorney. A lawyer can provide valuable information and guidance on the legal process of divorce, including any potential implications and consequences.
Decide how and when to tell your spouse you want a divorce
Before telling your spouse that you want to end the marriage, you should seek advice. Get the guidance of a knowledgeable and experienced lawyer whose family law practice includes divorce and separation.
The lawyer can help you decide how and when to let your spouse know about the divorce.
If your relationship with your spouse has been an abusive one, your lawyer might suggest asking a family court judge to make a restraining order.
Making the Decision to Divorce
A restraining order protects you and your children from harm by setting terms. These include preventing or limiting the ability of your spouse to contact you.
Disobeying a restraining order is punishable as a criminal offence.
A lawyer experienced in divorce and other family law matters is a valuable resource for advice and guidance. The lawyer can assist you in developing an exit plan. This will help take some of the uncertainty out of the divorce process.
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