Things To Ask A Divorce Attorney When You Want To Prepare For The Possibility Of Divorce

Law Blog

If you're having problems with your spouse and divorce looks like a possibility, you may want to consult a divorce attorney just to learn about what you need to do to protect yourself and get prepared. Sometimes, you may have to act quickly, but ideally, you can take your time to get your finances in order before your spouse is aware you're going to file. 

Of course, if you and your spouse are on friendly terms, you can work through the preparation phase together, but you may need to prepare in secret. Here are some things to talk to your attorney about even if you're not certain when or if you will file for divorce.

If You Should Move Out

If you and your spouse argue all the time, you may think the solution is to move out and get away from each other. Before you do, you should talk to an attorney. If you have kids, moving out could factor into the custody proceedings. 

If your spouse is violent toward you, you may need to move out for safety reasons, and the safety of you and your kids is the most important consideration. However, it's always best to get an attorney's advice before you make this drastic move, so it doesn't come back to haunt you later.

What Documents You Need To Prepare

If you and your spouse are highly organized with your finances, then getting documents ready for a divorce will be much easier. If you are bad about keeping documents and records, you'll probably need time to get things together. Your attorney will probably want to see things such as old tax returns, proof of current earnings, details on checking and savings accounts, investment account information, and a list of assets including who owned what before you got married. 

You can start organizing these and making copies of what you need while deciding on whether you want to divorce. If your spouse files before you have a chance to file, then you'll be prepared with all the documents you need that may not be easy to get later.

How To Protect Your Finances

Ideally, you and your spouse and be friendly and dissolve joint accounts without problems arising. It's important that you get your finances under your own name and get your name off of anything your spouse can control. For instance, you probably want to remove your name from a credit card account your spouse could run up and then not pay. That could affect your credit before you even realize what is going on. Obtain a bank account, and savings account in your name. 

Remove your name from joint credit card accounts, and open a credit card in your name if you need to. Ask your attorney for advice on how to separate your finances, so you do things legally. Understand how much money you can withdraw from your joint bank account and how you should proceed with removing your spouse as a beneficiary.

Some actions, such as having your own bank account so you have money to begin an independent life are more vital than others and can be done while you are still considering a divorce. Other things, such as changing your life insurance policy and will need to wait until you're ready to file. However, learning about all the things you need to do to separate from your spouse legally and financially makes it easier to prepare for the divorce and set yourself up to start life on a single income.

Contact a law office like Hazlett & Pedemonte for more information and assistance. 


3 April 2018