Law Office of Stephen W. Penn and Associates

How to prepare and ask your spouse for a divorce

Asking your spouse for a divorce is sure to be one of the most difficult and tense conversations you ever have. Even if the both of you understand that divorce is the best option for moving forward, it's never easy to have this conversation.

Here are a few things you can do to prepare to ask your spouse for a divorce:

  • Know what you want to say: You can't prepare for everything, but a basic idea of what you want to say will keep you on track.
  • Choose the right time and place: Don't ask your spouse for a divorce at dinner. Don't ask your spouse for a divorce while you're spending the day with your children. Choosing the right time and place helps set the table for a very difficult conversation.
  • Don't turn back: You've put a lot of time into thinking about the future. If you know that divorce is the answer, don't let your spouse talk you out of it.
  • Avoid the details: There's a lot to work through in your divorce, but you don't have to discuss the details at this time. Doing so is likely to cause an argument, as tensions are running high.

When you take these steps, you'll find it easier to ask your spouse for a divorce. Once you have this conversation out of the way, you can turn your attention to the finer details, such as those associated with property division and child custody.

As long as you protect yourself and your legal rights at every turn of the road, you'll always feel in control.

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  • SCBA | Santa Clara County Bar Association | EST 1917
  • State Bar Of California | California Board Of Legal Specialization | Stephen W. Penn
  • Henry P. Collada Memorial Award 2012