Whether you’re getting a no fault or a fault-based
divorce, in both situations it’s important to protect yourself before, during
and afterwards. This includes knowing your rights regarding marital property, debts,
child support, and spousal support. You may feel like your hands are tied, but remember,
knowledge is power.
Here are our tips for protecting yourself while getting a divorce:
- If you’re getting a no fault divorce, it’s important to treat
your spouse with dignity and respect throughout the process. If you get
angry at your spouse, it can turn your affordable, no fault divorce into
an expensive proceeding.
Before you file for divorce, consult with an attorney. We also recommend
meeting with your accountant to discuss
tax issues, retirement accounts, investments, business valuations, stocks, etc.
- Think about the timing of your divorce. Is your spouse due for a big bonus
or raise? You may want to wait until they receive it before you file.
Otherwise, they could argue that it qualifies as their separate property.
- If you’ve been married for almost 10 years, stick it out until the
10-year mark. This allows you to get more of your ex’s Social Security.
- When you decide to get a divorce, be the one to file first. There are advantages to this.
- To ensure you’re in the best position, put your name on all bank
accounts, investments, utilities and deeds of trust – things that
require joint signatures. This protects you from your spouse raiding the
Do you know where every penny is? If not, you need to track down the assets,
such as bank accounts, jewelry, real estate,
retirement accounts, investments, etc. Though spouses must disclose their assets in a divorce,
too many of them try to hide them. Remember, you get half or a portion
of what’s out there.
From this day forward, you must be proactive about
safeguarding your credit. Do not co-sign on anything for your spouse.
If you’ve been out of the workforce, dust off your resume. Even if
you end up with
spousal support, it’s only temporary.
No Fault Divorce Saves Money, Time & Heartache
For more divorce advice,
contact Cairns Law Offices to schedule a
free case evaluation.