You have finally decided to untie the knot and get a divorce. Are you overwhelmed by the legalities of dissolving your marriage? Here are few tips on maintaining your financial sanctity before and thru the process:
1. Try to settle your case without litigation. Depending upon the nature of your relationship, you may be able to do this if it is an amicable divorce. If it is not, interview three or more attorneys who have five to 10 years of experience in family law. You are seeking someone who understands the value of settling quickly while at the same time is willing to fight for you before a judge.
2. Organize your financial statement. Getting your finances in order before a divorce is essential. After all, divorce comes down to dividing marital assets. Therefore, you must do two things: determine what you own and determine what you owe.
3. Determine your joint income. This is easily accomplished when your spouse is employed by someone else. In this case, you can obtain his or her pay stubs. If he or she is self-employed it becomes more difficult. Then you must obtain bank statements, financial statements, income tax statements, and the like. You might have to consult your attorney who will go through the discovery process to obtain the necessary documentation.
4. Prepare an after divorce budget. Be careful when you do this. You are fully aware of what it costs to run a household when you were married. Calculate what it will cost you to run the household when you are divorced. Do not underestimate so that you will not be able to cover all bills. This aspect of the divorce process is important as it relates to the marital settlement when the judge divides the assets.
5. Establish credit. If you paid for things before in his/her name, now is the time to establish credit for yourself. You may need it for emergencies.
6. Protect financial accounts. If you have joint accounts, and you fear your spouse will go in and withdraw the assets, it is time to withdraw monies and put it in your name. The same holds true for money market and investment accounts. Either withdraw them or freeze them. Keep track of your financial transactions as you will be held accountable.
7. Close joint credit accounts. You should do this before your partner in anger runs of charges that you will not be able to pay for. Try to negotiate a deal with the creditor to pay off a smaller amount so you can close it. If you can not come to an agreement to close the account, put a freeze on it.
8. Remain in the marital home. If you continue to contribute towards mortgage payments, you will have a better shot at property distribution if you do not move out. If you have kids, it provides a healthier environment if you stay there. Consult your attorney for further advice.
9. Behave yourself! This might be silly advice, but bad behavior can work against you when it comes to custody of the children and owning the house. Be responsible, do not neglect your kids, and act wisely.
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