How To Protect Yourself In A Divorce

Law Blog

Marriage is not always what it seems in the movies, it often involves fights and a lot of work. Usually, you can work through the hardships as a unit, or at least that is how it is designed to go. When it doesn't, and the struggles become more than the enjoyment, divorce is often brought up. In some cases, divorce can be a surprise, and other times, it is something you have been expecting. Whether you know it is coming or not, you will want to make sure you protect yourself and your children, as even the most amicable divorces can go south.

Protect the Children's Interests

Children are the innocent victims in divorces and they often do not understand why mom and dad no longer want to be together. It is important that you keep their interests and what is best for them in mind, even if they do not agree. The most important part of a divorce is to attempt to not fight in front of the children. If you find that you cannot talk to your spouse without a fight, consider texting or emailing back and forth. Unless there is abuse in the relationship, you will want to work out a parenting plan (using a mediator if necessary) so that the children can spend time with both parents. Do not allow the children to move out of the state or be taken until a plan is in place.

Seek Legal Assistance

Unless you can completely separate everything together, you will want to seek legal assistance. It is wise to talk to an attorney when you are drawing up the paperwork for the divorce so that everything you have agreed upon is documented correctly. Remember that all text messages and emails are upheld in court, so be sure to discuss separating items and handling decisions regarding the children is done via email or text message. Lawyers are experienced in handling mediation between parties, but they will only protect the person they represent. If your spouse has contacted an attorney, you should as well.

Obtain Copies of All Records

Important documents should be kept in a safe location, such as a lockbox at a bank or a fireproof safe in your possession. You will want to make sure you have your birth certificate, passport, any school documentation, or certifications for employment with you. However, you will also want to obtain copies of any tax returns over the last two years, bank statements, deeds, and titles to vehicles that you own jointly. After you have obtained these copies, cancel any credit cards or bank accounts that you are both on. You do not want to wait until your spouse does this, because he or she may put you in a financial bind before canceling.

Document All Property

You will want to document all property that you currently have in your home and storage units/sheds. Make sure that all pictures and videos are time-stamped so they know when they are currently in your possession and the condition they are in. This is also the time to document whether something was obtained during the marriage or if you had it before walking down the aisle. If you have a prenup, this should be kept with the inventory or the important documents to present to your attorney.

Emotions often run very high during a divorce, whether it is anger, fear, sadness, or a combination of all of these. These tips will help keep you and your children protected, but it will not help with the emotions. Always make sure you have someone to talk to, a professional if possible, to help you not let your emotions hinder keeping your rights safe in a divorce. Finally, never sign anything until you have read and understood exactly what it is saying, or have an attorney break it down to you. 

For more information, reach out to a divorce attorney.


14 September 2020

Every Business Owner Needs to Be Well-versed in Law

While I took a few business classes in college, I left early to start my own business. I thought I had the knowledge I needed to become a great business owner and was eager to start my business. Soon, I had a new business that was actually performing pretty well in sales. Unfortunately, I hadn't taken any law courses in college, and I soon realized I made a few mistakes when starting my business that could cause me some legal trouble. Thankfully, a great business lawyer helped me correct my mistakes before I had any legal problems, but I then decided to take those business law courses. I want to help business owners and anyone else who would like to learn more about the law by starting a blog where I will share what I have learned and will continue to learn. I hope I can help you!