6 Things to Consider Before Filing for Divorce

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  1. Know Your Financial Situation. During the divorce process it is imperative to have access to your financial records. Having a detailed knowledge of your assets, debts, income and expenses prior to filing for divorce will be extremely helpful as the process moves forward. Take the time to gather financial statements as well as tax returns. Gathering as much information as possible in advance will help your legal team in crafting a strategic plan for your case.
  1. Update Estate Planning Documents. Be proactive and update all estate planning documents, such as wills and trusts. It is also important to take care of important financial transactions, such as refinancing an asset before filing for divorce. In states like California, once you file an automatic temporary restraining order goes into effect and you may not be able to complete the above mentioned transactions.
  1. Set Extra Money Aside. It is common practice to keep an emergency fund set aside to pay for living expenses in the case of job loss or an accident/illness strikes, but it’s wise to set aside liquid money if you’re planning to divorce. Your spouse may attempt to cut you off when you file and it is always better to be prepared. If you are worried your spouse may try to acquire your valuables after filing, it may be in your best interest to keep those items/important documents in a safety deposit box.
  1. Keep a Journal. If the custody of your children is at stake, keeping a written journal can aid in demonstrating to the court the level of which you are involved with your children’s lives. Your journal can include relevant emails and text messages, and a calendar of events you were present for. Building up your history of involvement along with your spouse’s will aid in proving both parties behavior with the children.
  1. Avoid Social Media. Social media has become a powerful source of evidence in divorce cases. It is important to refrain from posting any sort of compromising material, such as posts about drinking or partying. Everything you share through social media can be discovered and if you go back to delete incriminating posts it could be viewed as destroying evidence. Venting about your spouse on social media is also a very bad idea, as these posts may come to light during divorce proceedings.
  1. See a Therapist. Divorce can be an emotionally trying time and having a safe and confidential environment where you can express yourself can greatly help. Anything you say to your therapist is protected and cannot be introduced as evidence in court. Therapists can be of real assistance throughout the divorce process, and aid in helping you to feel more confident and in control during this phase of your life.
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John Schutz

John Schutz

Partner at John F. Schutz, P.L.

Representing clients exclusively in family law cases for the past 24 years, Mr. Schutz is widely regarded as a marital and family law expert. He is Board Certified in marital and family law by The Florida Bar. As a Fellow of the American Academy of Matrimonial Lawyers (AAML), Mr. Schutz is committed to elevating the standards and improving the practice of family law.

John Schutz

Latest posts by John Schutz (see all)

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