How do I protect myself during a divorce?
There is no substitute for legal advice from an experienced and competent attorney. The outcome of a divorce will usually have major repercussions for years after the divorce has been completed. Many attorneys will provide a no-charge or reduced charge initial evaluation session. For most divorces, the main focus is on the division of property and the parenting plan for children, if any.
Educate yourself on the applicable divorce laws, which differ widely depending upon where you live. While a few locales still allow for “at fault” divorces for adultery, cruelty etc., in most locations a “no-fault” divorce is the norm. In the case of a “no-fault” divorce, the court will not consider who is “at fault” for the demise of the marriage. They will treat the marriage more like a business that is being dissolved.
Divorces are as unique as the couples that get them. Some are amicable and straightforward. Others are acrimonious and complicated. Some are resolved through mediation, while others proceed all the way to trial and appeal. Do your best to prepare yourself for all possibilities.
If you haven’t already, now is the time to educate yourself on your family’s financial position and begin to research ways to protect yourself financially. We recommend collecting current financial statements for bank and retirement accounts, credit cards, mortgages and loans.
If you have children, now is also the time to begin researching custody arrangements and make sure you are prepared with any and all documentation needed to make your custody case to a court.