Divorce Lawyer Advice for a Smooth Legal Process

How to Prepare for Divorce So the Process Does Not Drag On Forever

Divorce is draining enough emotionally without turning it into a multi year legal battle that drains your bank account too and a good divorce lawyer will tell you that preparation before you even file is the secret to getting through this thing without losing your mind and your life savings in the process. The very first thing a divorce lawyer will tell you to do is gather every financial document you can get your hands on including tax returns bank statements credit card statements retirement account statements investment account records and any documentation about real estate or business ownership because you need a complete picture of the marital assets and debts before you can even begin to negotiate a fair division. A divorce lawyer will also advise you to open a separate bank account in your own name and start setting aside some money for legal fees and living expenses especially if your spouse has been the primary breadwinner and controls all the household finances and you are worried about being cut off once the divorce papers get served. Social media is a minefield during a divorce and a divorce lawyer will strongly recommend that you stay off it entirely or at the very least do not post anything about your spouse the divorce or your personal life because opposing counsel will absolutely use your posts against you in court to argue about your fitness as a parent or your financial honesty. If you have kids a divorce lawyer will help you think through what a realistic parenting plan looks like based on your work schedules the kids school and activity commitments and what is actually in the best interests of the children rather than what feels good in a moment of anger toward your soon to be ex. A divorce lawyer will also explain the difference between contested and uncontested divorce and why reaching a settlement agreement through mediation or negotiation is almost always faster cheaper and less traumatic than going to trial where a judge makes all the decisions for your family.

What a Divorce Lawyer Does to Protect Your Money and Property

When it comes to protecting your financial future a divorce lawyer focuses on making sure the property division is fair and that you are not getting stuck with hidden debts or undervalued assets that leave you in a worse position than you realized until it is too late. A divorce lawyer will help you understand the difference between marital property and separate property because anything you owned before the marriage or received as a gift or inheritance during the marriage is usually considered separate and not subject to division but there are exceptions and complications that a divorce lawyer can navigate. If you or your spouse owns a business the valuation of that business becomes a huge issue and a divorce lawyer will bring in forensic accountants and business valuation experts to make sure the company is properly valued and that you get your fair share of the marital portion of its worth. Retirement accounts and pensions are often the largest assets in a divorce and a divorce lawyer will make sure the Qualified Domestic Relations Order is properly drafted so you can receive your share of a 401k or pension without getting hit with early withdrawal penalties and taxes that eat up a huge chunk of the money. A divorce lawyer also deals with spousal support or alimony issues and will argue for or against support based on factors like the length of the marriage the earning capacity of each spouse and the standard of living during the marriage. If you suspect your spouse is hiding assets a divorce lawyer knows how to use the discovery process to find hidden bank accounts cryptocurrency holdings or deferred compensation that your spouse conveniently forgot to disclose on their financial affidavit.