The process of divorce is never an easy one, but if you’re smart with your actions from the start, you should be fine as it nears the end. Some divorce cases can go smooth, others may not always work in your favor. Attorneys are very much aware of the bad blood that may occur between you and the spouse you are separating from, which is exactly why you must get in touch with an attorney the minute you decide you want to file for divorce. Beyond hiring an attorney, there is much more for you to take care of to ensure that you don’t run into any problems later on. We discuss them here.
Understand Where You’re at Financially
It is critical that you determine where you stand financially so that you can support yourself once you are legally separated. This is also important to consider early in the process in order to create a fair and equal distribution of marital assets, which can prevent issues from arising in the future of the case.
Take Care of Legal Documents Immediately
Should your divorce stray from a smooth and peaceful case, you will need specific legal documents to work in your favor. Important legal documents include:
- Marriage certificate
- Prenuptial or post-nuptial agreements
- Trust documents
- Any other documents you feel is important to your marriage and divorce
It is best to amend your will if you haven’t done so in the case that something happens to you during the process.
Gather Proof of Income
This is something that is also done best before actually filing for divorce. Even if you can only gain an estimate, if you are lacking documentation, it is better than nothing at all. Income helps when it comes to the distribution of assets and child support if you and your spouse have children together.
Find Credit Under Your Own Name
You may or may not be moving out of your house that you shared with your spouse. If you are moving out, you’ll want to make sure you have enough credit that represents you as an individual to help you find a place immediately. It is important to establish your own credit once you have thoughts of filing for divorce.
Make Joint Accounts Aware with Your Lawyer
Before you file, you should make your attorney aware of the accounts you share with your spouse. Your attorney will work to transcribe your account into legal documentation that can be shown and used in your case, should the need to do so arise. This may or may not be necessary, depending on you and your spouse.
And Then Close Those Accounts
If you and your spouse are not on good standing, an angry ex-husband or ex-wife is likely to raid the account, which is why you must ensure that those accounts are closed immediately. Not much can be done when your spouse takes money from you, especially when you share accounts together. This can be avoided by closing them immediately and prohibiting access.
Decide What is Rightfully Yours
If you are confident about the property that is rightfully yours, make this aware to your attorney. Your attorney will work in your favor by making this aware to the judge. This can help if your spouse tries to claim everything or fails to respect the means of the case.
Know Where You Will Reside
It may or may not be in your best interest to stay in the house you share with your spouse until divorce proceedings are finalized. While you continue to stay with your spouse, go ahead and do your research ahead of time that way you aren’t left empty-handed when the time comes that you need to leave. In some states, once you are divorced, you may no longer be allowed to stay in the home and could even be forced out.
Take Legal Action for Protection
Most importantly, you should comprise a plan to keep yourself protected during the process. It is never guaranteed as to how your spouse will react to the situation, which is why you should contact legal protection immediately.
Choose Us for Our Legal Services
The Law Office of Javier Martinez, Jr., P.C. is not only certified to work with divorces, but we also aim to keep the process simple for our clients. Should you run into any trouble as you are separating from your spouse, we can assist. Contact us today to get started with a professional and experienced attorney.