EXPECT THE UNEXPECTED Every divorce is different. What may start out as a complaint for a divorce and request for simple exchange of financial documents, can turn into court dates to obtain child or spousal support, court dates to compel information, restraining orders and custody battles.
One way to avoid constant and expensive court battles is to have a discussion with your spouse and speak frankly about terms that can be agreed upon.
An uncontested divorce may be appropriate when both parties are committed to avoiding the litigation route. This can be accomplished by hiring a neutral mediator to help with the negotiation of terms or hiring an attorney to draft the terms of your separation agreement. Any time during the divorce process, parties can hire a meditator to help assist in the process.
GATHER YOUR FINANCIAL STATEMENTS Once a divorce complaint is filed, each party is required to complete a financial statement. Each party is also required to produce the past three years of tax returns, bank and security statements, as well as copies of proof of health insurance and loan applications. The sooner these documents can be exchanged, the quicker the divorce process will begin. For a complete list of documents and explanation go to https://www.mass.gov/supplemental-rules-of-the-probate-and-family-court/supplemental-probate-and-family-court-rule-410
TAKE PICTURES OF PERSONAL ITEMS IN THE HOME In the event there is any fear that your spouse will remove objects of value from the home prior to an agreement, take pictures of the items and give them to your attorney. This will help during the division of personal property.
BE PRO-ACTIVE – GATHER YOUR TEAM Having your support team in place will ease the stress when making that decision to file for divorce.
Begin by interviewing divorce attorneys. You will probably spend more time with your divorce attorney than any other lawyer in any other case. It is essential you find a person that you not only can afford but who also is the right fit for you and your case.
Real Estate agents or brokers, as well as mortgage brokers and appraisers are important professionals when you are considering selling property or buying out your partner in the marital home. Knowing if you are pre-approved before going into the proceedings, will help you gain an upper hand. Accountants and financial and or certified divorce financial analysts are helpful when there are complex financial issues in high asset conflicts.
MANAGE YOUR EMOTIONS Have your emotional support system in place. It is natural to feel happy, sad, angry, scared, anxious, and relief during the entire process. Divorce support groups, divorce coaches, therapists, as well as friends and family are all resources for help. You will do much better in the settlement if you make your decisions using logic not emotions.
Call Fleischer Law Solutions, PLLC and ask for a consultation for more information about how to prepare, protect and preserve through the divorce process.
The above is for informational purposes and does not constitute legal advice or create an attorney/client relationship on the part of the reader.