Few things are as draining, painful, and prolonged as a contested, nasty divorce. Even if the parties remain amicable, the emotional toll of separation, the impact on children, and the financial stress make divorce difficult. However, proactive measures make divorce simpler, less costly, and faster, including these top five tips to prepare for a divorce:
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- Formulate the best plan for the children
- Gather financial records
- Say nothing that hurts your case
- Avoid social media traps
- Take control of your finances and credit
Formulate the Best Plan for the Children
With children, divorce becomes more complex and emotional, and acrimony amplifies the impact on kids. To safeguard children’s interests, formulate the best plan to help them cope and maintain a positive relationship with you and your spouse.
When divorcing couples remain amicable, it is much easier for parents to form a co-parenting agreement, whether it entails custody and visitation or shared parental responsibility. It’s important to remember that what works for one family may not for another, so concentrate on what is practical and in the best interests of your children.
Unfortunately, parents often disagree on these arrangements. Mediation helps resolve differences and avoid court battles. However, if mutuality fails because your ex behaves unreasonably, your attorney will protect your parental rights and children’s interests in court.
Gather Financial Records
Dividing property and assigning financial responsibility for childcare are key aspects of divorce cases. Without accurate and complete records, you may find yourself at a disadvantage against your spouse. In addition, your attorney needs these documents to prepare your case and ensure you receive the settlement to which you are entitled.
Important financial documents include the following:
- Previous three years tax returns
- Last three months’ pay stubs (or alternative income documentation)
- Previous twelve months bank statements
- Investment account statements (brokerage, 401(k), IRAs, etc.) for the preceding three months
- Last three months credit card statements
- Current mortgage statement, if applicable
- Loan balances for all other debt, including student loans, car loans, and personal loans
Say Nothing That Can Hurt Your Case
Anything you say can be used against you in divorce court.
Never say something that gives your spouse evidence against you. Opposing counsel can use your statements to destroy your case for child custody or cause you to lose valuable property.
It’s usually best to keep the relationship with your spouse civil and neutral. Avoid heated arguments where the temptation exists to make statements or disclosures that harm your legal position. The settlement should only be discussed in mediation or court.
Avoid Social Media Traps
Social media posts can turn into devastating evidence against you in divorce proceedings. It may seem obvious to avoid posting content that is too personal, hyperbolic, or casts you in a negative light, but often it’s not these types of posts that get people into trouble.
Instead, the innocently posted picture or comment that is taken out of context or exaggerated leads to trouble. For example, a photo of you having drinks with some friends may show nothing wrong, but if your spouse claims he or she should have custody in part because you have a drinking problem, it could open an avenue of attack.
Scrutinize all your social media, and remove anything, regardless of how innocent, that could harm your case. You may also consider making social media accounts private or closing them. In addition, think about changing your password and enabling 2-factor authentication to make sure no one else has access except for you.
Take Control of Your Finances and Credit
When divorcing, it’s important to organize your finances and credit. If you have only joint checking or saving accounts, open new ones in your name alone. Be sure to deposit any of your own money into these accounts. Should money belonging to you disappear from a joint account, it can be expensive and perhaps impossible to retrieve.
In addition, ordering a copy of your credit report allows you to see all accounts in your name. Close any that could present a problem in the divorce. Also, be sure that your spouse has not opened new accounts or racked up credit card balances for which you may be liable.
No one likes going through a divorce; however, when it is necessary, it can be made easier. You can reduce the toll and time a divorce takes by formulating a plan to meet the children’s needs, organizing finances, and avoiding the pitfalls of social media posts harmful to your case. With proper planning and strong representation, your divorce will be as smooth as possible.
If you are thinking of ending your marriage, the divorce and family law attorneys at Tower Karson Law in Livonia have the experience, knowledge and compassion to help you navigate all aspects of the divorce process in Michigan. From custody to child support and parenting time to property division and spousal support, we will fight to protect your rights, finances, and family – the lawyer you choose can impact the rest of your life. Contact our divorce and family law firm for a Free Consultation.