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2017 Divorce Tips

by | Jan 7, 2017 | Divorce, Firm News

If you are thinking of getting a divorce to start the new year on new way of life.  I have several tips that you can use and plan about prior and during your divorce.  First, make sure you have money set aside to assist you financially during and after the divorce from your spouse.  The most important issue that arises for a person going through a divorce from a long term marriage is making sure there is enough money in the bank.  You need to create a budget for yourself post divorce. What are your expenses, make a spreadsheet.  If you are familiar with family law forms prepare an income and expense declaration.  This form will be truly helpful along the way during your divorce process.

If money is an immediate issue and your job does not financially give you the security you need you can hire a lawyer and go to Court and get an order, if there are children, child support and spousal support.  These two orders may well be the most important orders you can get in place during the divorce process.  It is important also to start separating your bank accounts from your spouse and putting your own money into that account.  Also along with a new bank account get your phone plan.  Privacy is very important during the divorce process and the other spouse does not need to know any of your business now that you are on your own.

Furthermore, you need to think about getting your own health insurance plan.  During the divorce process the law places a restriction on one spouse throwing the other off of the health insurance, including the children. However, that does not mean that once the divorce is final the other spouse is ordered to maintain health insurance for you, they don’t have to.  But they will have to insure the children by law.

Itemize all retirement accounts, bank accounts and all financial institutions that you and your spouse have accumulated.  Start to save all documents or request documents from all these accounts.  They will be a very important factor once the divorce proceeds further down the road. Also don’t forget to get all the financial data from your marital home.  Such as deeds, mortgage papers and deposit receipts that you may have.  These documents will be very important if you decide to sell the house and are looking to get reimbursement for any down payment or credits for paying the mortgage if you have separated during the divorce.

Remember as well to get in order you documents for your car as this item will need to be divided up.  Usually each party will assume payments on one car.

Remember, that in California it is a no fault divorce state an the Judges do not care why you are divorcing.  If the other party was a bad person and cheated, it is irrelevant. The only issue the Courts decides are the division of assets, spousal support payments, debts and any custody arrangements of the children including child support.