Protecting Yourself In the Midst of a Complicated Divorce
Whether your legal separation or divorce came as shock or has been a long-awaited event, there are steps you can take to protect your interests and those of your children. Here, we will discuss divorce planning suggestions you may want to consider when facing an adversarial divorce. Keep in mind that every case will be different, and not every suggestion will apply to your specific case. Also, it is important to remember that most divorces will be easier to navigate when both parties make an effort to work together in a friendly and peaceful manner.
Determine Whether You Want to Move Out of the Marital Home
Even if your spouse decides to stay in the marital residence, it does not mean you have to leave. In some cases, it can make sense for one party to leave, especially when tensions are high and the divorce is acrimonious. When there is domestic abuse happening, contacting local authorities and obtaining a temporary order of protection can ensure the abusive party leaves the home.
Aside from a divorce case involving abuse, before making a decision to leave the marital residence, it is important to do a cost/ benefit analysis of the situation. By leaving, it may not only add more stress, it will also add more costs to the already complex divorce process. When making a decision to move out, this may complicate the equitable distribution portion of the divorce.
In the State of California, the property acquired during the marriage belongs to the both parties. When getting a divorce, all property, assets, and debts, will be analyzed to determine if it must be divided between the parties.
Updating and Securing Important Documents
The end of a marital union can be a very contentious and even bitter experience for many people. When one spouse believes he or she is entitled to receive a greater percentage of the marital property or income than the other, this can lead to an attempt to hide assets.
Before commencing the divorce process, it is a good idea to gather all important financial documents together, which should include a list of all known assets, property, and liabilities. This will be beneficial when completing a personal financial disclosure report, but also to determine whether there are any missing assets.
When going through a divorce, important documents should be updated. For example, if you have documents where your former spouse is a primary beneficiary, you may want to consider updating these forms to reflect your current situation. Some of the documents to update may include a last will and testament, 401(k) and other retirement accounts, and military benefits.
If anything should happen to you without making the proper adjustments, your former spouse will likely be entitled to the benefits left behind. Furthermore, it may also be unlikely that others you would have otherwise named will be able to dispute this.
Avoid Venting Marriage Disputes on Social Media
Social media platforms have become a place where many people choose to vent their frustrations, and this is a common mistake made by many who file for divorce. Regrettably, even as a post can be deleted, the damage done is usually irreversible. There are many consequences that can arise from a single post made online, and these may not only affect you financially, your children can also be affected.
Put Your Children First
When facing a complicated divorce, having children involved can make the case much more complex. Aside from making custody and support arrangements, parents should also be mindful of their children’s emotional well-being. If you have children, avoid venting your frustrations to your children, even if you believe you are right. Unfortunately, many parties will attempt to use children as leverage in order to get back at one-another during a divorce, and this usually has a tremendous effect on the children involved. Despite how challenging the divorce may be, it is always important to remember that a divorce can be a challenge for young children as well.
Protect Your Rights and Interests by Speaking to a Divorce Attorney
If you are facing a divorce or legal separation in the State of California, you will likely experience a great deal of uncertainty with respect to your future. One of the biggest challenges when facing a divorce is protecting your personal interests in the legal process. Consider obtaining the support of a qualified legal professional. A skilled lawyer will not only help you protect your rights and interests, but will also help you investigate if you are dealing with a situation involving hidden assets.
At Milligan, Beswick, Levine & Knox, LLP, helping clients understand their rights in the midst of a complex divorce process is of utmost importance. The firm will walk you through the process and provide responsive legal aid that is tailored to your specific needs. Consider contacting the attorneys at Milligen, Beswick, Levine & Knox, LLP today.