4 Factors to Consider Before Filing for Divorce

Divorce settlements offer a final verdict on failed marriages and provide the legal framework to fully separate spouses if the marriage cannot continue. Many couples consider divorce an option to annul a marital relationship. However, they do not give the decision proper consideration or analyze all factors involved in the process.

Consequently, you should acknowledge these four essential factors before you file for a divorce.

The two most common forms of divorce are fault-based and no-fault petitions. 

Fault-based divorces feature one spouse who complains to the court about a fault their partner exhibits, like domestic violence, drug abuse, infidelity, and criminal activity. 

On the other hand, no-fault divorces tend to result from irreconcilable differences. Irreconcilable differences are challenges that the couple has no hope of resolving.

In no-fault divorces, you can approach a court for a divorce without specifying the cause that led to the disagreements between you and your partner. However, it mostly depends on the state you file the divorce in, as some states might require further explanation as to the cause.

You must present a valid marriage certificate and other legal and financial documents like pre-nuptial agreements and household financial statements. Any disorganization and inaccuracies might prolong court hearings since the judge must take their time to determine the validity of the presented information.

You should consider your children's safety and emotional stability in your divorce decision. Child custody arrangements largely depend on state laws, and the judge might favor you if you display better emotional or financial stability than your partner.

Additionally, risk factors will play a considerable role in this decision. The judge will grant you full custody if you file for a fault divorce citing reasons like family violence, drug abuse, and criminal activity.

The court can also consider shared custody if the divorce is more amicable. Shared custody is an option if both partners have a good relationship with the children. Additionally, you must both agree to separate your disagreements from the children's development.



Your attorney will help you with this consideration. They can advise you on full custody or shared custody arrangements and help you argue for full custody if you choose this option.

Finally, you will need to settle all financial arrangements concerning finances and assets like alimony and child upkeep. 

Alimony is the financial assistance your partner provides if they are more economically capable than you. Your attorney can help you navigate alimony laws and procedures and secure significant compensation, especially if your partner introduced you to a more expensive lifestyle than you enjoyed before the marriage.

Child support is the amount your partner owes to your children to sustain their financial needs until adulthood. The economically capable partner will contribute more to child upkeep.



You should discuss how you and your partner will settle this financial arrangement, as you can both decide on a fair contribution outside judicial intervention. However, you can secure better upkeep terms with the help of a lawyer if you assess that your partner might not be willing to part with an equitable amount.

Asset division involves the fair distribution of all assets acquired within the marriage's lifetime. You can decide how you and your partner divide the assets outside a judge's oversight, or a court can help determine a fairer division approach. The court can divide your assets according to state laws, pre-nuptial agreements, or shared asset ownership.



Divorce petitions present numerous legal challenges, especially if you are the one who initiates the process. The presence of a qualified attorney can help you navigate through these four significant factors in the divorce process.

Contact John D Wieser Esq., PC, if you require professional advice and assistance with your divorce petition.