How to Prepare for a Divorce

Getting divorced is complicated. Unlike getting married, there is a long, set legal process that must be followed in order to unwind a marriage and the finances associated with it. In addition, having a strategy from the get-go is critical to protecting your rights and making it likely that the marriage resolves either equitably or in your favor.

With that in mind, it is wise to hire a family lawyer before you file for divorce and to start planning before announcing your intentions. Here are some tips to assist with the latter:

 

1. Gather All Income Documents and Find Out What Your Spouse Really Makes

Hiding income is common in divorce proceedings, but unless you can find evidence to prove it, the judge will likely accept the information presented. Protect yourself by gathering all income records, including commission statements, copies of bonus checks, profit sharing, and all other forms of income that you and your spouse have access to. This makes it possible to fact check what your spouse lists on the financial disclosure statements.

 

2. Open Your Own Bank Account and Credit Cards

If all of your accounts are joint, there is a possibility that your spouse will react to the divorce filing by trying to remove your name or by shutting them down. While inappropriate, it happens. The best way to protect yourself financially is to have access to capital that is in your name only. If you do not have any credit cards in your name only, opening one and using it becomes even more important for building your personal credit history.

 

3. Evaluate Your Family’s Debts

Review your credit card and loan balances with your spouse and then have a conversation about paying things off. If you have disposable income to do so, this will make the process of dividing debts far simpler. This is a particularly important strategy if you make less than your spouse, since a judge could divide your debts evenly, regardless of your earning capacity.

 

4. Copy Important Tax and Financial Documents

Make copies of your last three years’ tax returns, recent pay stubs, W-2s, bank statements, retirement account statements, and all other financial documents. You should also copy the deed of trust to any property you own, as well as the titles to your vehicles.

 

5. Make Sure You Are on the Title

You might be surprised to find that you are not on the title to a piece of property or vehicle. It happens all the time, and without being on the title, you will have an uphill battle enforcing your ownership rights. Protect yourself by being added to anything prior to filing for divorce.

 

6. Examine Your Ability to Earn an Income

Understanding what you can afford and what you need to live is important prior to divorcing. It will help determine if you will need alimony to maintain your lifestyle.

 

7. Inventory Your Household Belongings

Begin making a list of the property and belongings that you own. Everything from clothing to jewelry, from cookware to tools should be listed since it will all be divided later.

 

8. Consider Custody Plans

If you have children, consider whether you want full or joint custody and what an ideal custody or visitation arrangement might look like. While you might not get everything that you want, starting with a plan can improve your chances greatly.

 

Help from a Rancho Cucamonga Divorce Attorney

The most important step you can take in preparing for a divorce is meeting with a divorce attorney prior to filing or making your intentions clear. To schedule a free consultation with the Law Office of Laurence J. Brock, call 909-466-7661 or contact us online through the form on this page.

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The New Year Is a Good Time to End a Bad Marriage

If you feel like you’re stuck in a bad relationship, 2017 may be the year to make a change. Now that the holidays are over, it’s the perfect time to consider what you want out of life. What do you want going into the new year and can it happen within the confines of your current marriage? For many couples, the answer is unfortunately no.

While there is no perfect time to get a divorce, starting the process at the beginning of the year does have several benefits. First, people are mentally and emotionally conditioned to anticipate change when the new year comes. Whether the changes are large, like ending a relationship, or smaller, like losing weight, people anticipate that there will be adjustments to lifestyle, perspective, or relationships. This means that you may be more mentally and emotionally prepared to end a bad relationship today then you will be six months from now. Your mental preparedness, even subconsciously, can influence how well you handle a divorce.

Additionally, divorces take time to complete. It will take time for you to separate property, file for divorce, have hearings, go to court, and so on. It is not uncommon for a divorce to take six months to a year to complete. Starting one now will give you the opportunity to wrap everything up in 2017 so that you can begin 2018 with a new life and a fresh perspective.

 

Why Is It Good to End a Bad Relationship?

As a family law firm, we would never tell you what is right for your unique marriage. Whether you stay or leave is entirely up to you. However, there is scientific research to support ending a bad relationship. Researchers at Michigan State University studied 1,200 men and women over five years. They found that women in a bad marriage were at a greater risk of experiencing heart disease. In other words, a bad marriage really can break your heart.

A bad relationship can also cause enormous amounts of stress that can lead to anxiety, depression, and feelings of despair and hopelessness. This is not a good way to live!

To start 2017, you most likely have already made a resolution or two. How much more difficult will they be to uphold if you are fighting these negative emotions?

 

The Process of Getting Divorced

While you make the decision to end your marriage and get a divorce, it is important to understand how the process works and what you should expect. First, you should call our office and speak with a divorce attorney. Your former spouse is likely to retain his or her own attorney, so it is necessary to protect yourself by securing your own legal representation.

There are also a number of pitfalls that you might fall into if you don’t have a family law attorney looking out for your best interests. For example, if you want to have custody of the kids, you should remain in the family home. If you are worried that your spouse may try to cut you off financially, you can open a credit card in your own name and even open a separate savings account. These are things that we can discuss during your free consultation.

Once you have retained an attorney, the separation process can begin with the initial case filing and proceed on to negotiations, possibly going to trial later—if it becomes necessary. While a complex process, at the end of your divorce, you will be free of the negativity that is currently surrounding your marriage.

 

Contact a Rancho Cucamonga Divorce Attorney

To speak with a family lawyer about your options, call the Law Office of Laurence J. Brock at 909-466-7661 or complete the contact form below. Divorcing is a difficult decision to make, but starting 2017 by ridding yourself of a dysfunctional marriage could improve your life later and even open up new opportunities for happiness.

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