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What
to do during a divorce
Secure proper legal representation
(retain a local attorney who specializes in domestic law).
Follow your attorney's advice.
Cancel credit cards and terminate
joint bank accounts, preserving marital property. Consider temporarily
suspending payments to IRA's and 401K's etc. But do not cancel or
suspend any insurance coverages of either your spouse or kids.
Gather up your financial records,
including tax returns, notes, deeds, title certificates, and other
legal papers, and deliver them to your attorney so that he may properly
utilize discovery procedures. Family hospitalization and therapy
teatment records may also become important.
Do not involve yourself in domestic
disputes. Do not touch, push, hit, or threaten your partner. If
you cannot control your temper, take time-outs and stay away from
him or her. If the police are called one of you will be hand-cuffed
and taken to jail. Cease any alcohol or non-prescription drug use
immediately.
Obtain a restraining order from the
County Court if you are in fear of physical violence. Or we can
obtain one from the District Court within the dissolution proceeding.
Insulate the children from the marital
conflict. Do not disparage the other party in front of a child.
The damage done is insurmountable and takes years of therapy which
with to deal, studies indicate antisocial behaviors in the long
term.
Advise; and keep advised, your support
group and family. Be prepared to move to another residence if necessary.
Do not move out of the marital residence
unless legally or physically forced to do so. Take your most valuable
possessions with you when you leave.
Obtain and keep receipts for all support
paid towards the children. Checks and money orders, only, no cash
payments without signed receipts.
Attempt to be civil and do not escalate
the issues in your divorce action.
Keep a diary of events.
There some things you should never do:
Don't skimp on legal help.
Don't just move out of your home.
Unless you fear physical harm, talk to your lawyer before you make
your move.
Don't try to do it all. Some cases
do need experts like accountants, appraisers, etc. Thinking you
can do these things on your own can be counterproductive.
Don't share a lawyer with your spouse.
This scenario presents a huge conflict of interest. Most lawyers
won't do it, and it could borderline on malpractice.
Don't make revenge the goal of the
divorce. "It's really like a business transaction ... if you
use the process to vent anger and try to get revenge, then you wind
up impoverishing yourself and making your lawyer rich," Finnerty
says.
Don't compare your divorce to another
divorce. Each case has its own set of facts, with its own personality.
Don't bad-mouth your spouse to your
children. It can backfire on you in ways you don't expect.
Don't just think about your actions,
but also consider the impact they can have in a case. For example,
don't write a letter you would mind being read in a courtroom.
A divorce will affect you legally,
financially and emotionally. Although deciding to divorce isn't
easy, taking the time to incorporate these do's and don'ts can make
the process -- and its financial and emotional consequences -- as
uncomplicated as possible.
For a free and confidential legal consultation,
call (262) 783-7711 or email us.
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