How to Protect Yourself in a Divorce

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Going through a divorce for a first time can be intimidating or scary to some.  Here are a few general steps you could consider before embarking on this path:

 

  1. Consult with a divorce attorney: Seek legal advice from an experienced family lawyer who can guide you through the process and protect your rights.

 

  1. Gather documentation: Collect important documents related to your assets, finances, and any relevant agreements or contracts that may be affected by the divorce.  Some documents that are crucial are bank statements, tax returns, paystubs, contracts, escrow documents, estate plans, insurance policies, and written communication between the spouses.

 

  1. Communicate effectively: Maintain clear and respectful communication with your spouse to try and reach a fair settlement. If communication becomes difficult, your attorney can help facilitate negotiations. This suggestion is important if you want to go through a divorce amicable with your spouse.  Understanding your rights and communicating your issues with your spouse in a respectful manner will lead to more cooperation.

 

  1. Understand your financial situation: Familiarize yourself with your financial assets, debts, and income to ensure a fair division of property during the divorce proceedings.  If you have been a stay-at-home parent without access to funds for living expenses without your spouse’s assistance, you will want to have funds saved up for six months of living expenses in the event your working spouse cut of you off financially.

 

  1. Consider mediation or alternative dispute resolution: Explore options like mediation or collaborative divorce, which can be less adversarial and allow for more control over the outcome. Mediation is a cooperative process and the spouses must be both on board and reasonable for mediation to work.

 

  1. Protect your credit: Close joint accounts or remove your name from them to prevent future financial liabilities. Monitor your credit report regularly during and after the divorce.

 

  1. Prioritize your well-being: Take care of yourself emotionally and seek support from friends, family, or a therapist who can help you navigate the challenges of divorce.  If you have young children, it is important to discuss the separation or divorce with your children together with your spouse and/or with a family therapist. Be prepared to help your children process the divorce and have them in therapy if necessary.

 

Remember, divorce laws and procedures can be complex, so contact our office for your complimentary phone call.

 

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