What are some initial precautionary actions to take during a divorce?

Answer 1

Here are some things you should do at the start of your divorce case - or better yet do them before the divorce is filed.

---- * Cancel all joint credit cards, charge accounts, joint savings and checking accounts. You will need to send a short letter to the credit card or charge account company stating that you will no longer be responsible for any debts incurred on this account following the date of this letter. * If you have cosigned or guaranteed a loan for your spouse, contact the lender to disclaim liability for any future loans. * Terminate joint tenancies. This way your spouse will not receive the property in its entirety in the event of your death. * Obtain "freeze" orders on assets and on the removal of the child(ren) (unless state law provides for such orders automatically when a divorce action is filed); if warranted, obtain a protective order against abuse. * Do not to negotiate with the other party if you are concerned that such negotiations would leave the you disadvantaged. Let your attorney do the negotiating. * Do not to put your children in the middle of the dispute or undermine your spouse's relationship with the children; prove your ability to support a relationship between the children and the other parent (assuming the other parent is not abusing the children). * Know the judge. From your own experience or that of others, determine the judge's prejudices. How patient or impatient is the judge? What works (and does not work) with him or her? * Determine the issues on which the parties can agree--e.g., no-fault grounds for divorce, the retention by each party of his or her family heirlooms and items with sentimental value, the division of furniture. * Use a comparative balance sheet that lists the various items of property, debt, income, or expense with columns showing the value each party holds in those items, plus any agreed-upon or court-determined value. Update the balance sheet periodically. * If your spouse has a lot more money than you, consider filing a petition for temporary fees (well in advance of trial). * Line up experts well in advance of trial; if necessary, arrange for updated evaluations shortly before trial. * Obtain valuations and appraisals of important property, including the house and other real estate, pensions, business interests, and collectibles. * Consider the use of jointly agreed-upon experts or appraisers (without necessarily binding the parties). * Disclose your experts' names to the opposing party within the time limits imposed by court rules. * Request admissions of facts. (Sometimes, you may want to move a case along quickly by asking for admissions of facts before beginning other discovery.) * If your earning capacity or that of your spouse is at issue, arrange for an evaluation by a vocational expert, or, if cost is a problem, prepare to testify as to education needed, tuition expenses, etc. * If health is an issue, arrange for appropriate exams and testimony. * Work with experts to help ensure that their methodology is appropriate and that you understand it. * Send out subpoenas well in advance of trial. * Talk to key witnesses at least two or three times before trial to establish rapport, plan the case, and gather evidence (without undue coaching). * Prepare the witnesses not only for your questions but also for cross-examination; consider conducting a mock cross-examination. * Request stipulations regarding the admission of documents and other evidence. * If the opposing party is likely to object to the admission of important evidence, consider seeking a hearing before trial on admissibility; prepare statutory and case law arguments and be ready with an offer of proof. * Prepare a pretrial memorandum or list of requested relief for the judge to help him or her become familiar with your case. * Prepare a trial notebook. In addition to organizing your presentation, it will give you other advantages. * Get quotes for the various expenses that will change after the divorce, such as health insurance, car insurance, homeowner's insurance, etc. * Laws regarding the division of property vary from state to state. Here are some common factors: * The nature of ownership, including whether the property is non-marital (separate) or marital (community) * The amount of non-marital property held by each party * Any agreements between the parties regarding the division of property * Any increase in the value of non-marital property during the marriage * Any contributions to property by either party (including contributions of money and labor from one party to the other's non-marital property) * The degree to which a spouse has diminished his or her future earning capacity or education because of years spent caring for the children or serving as a homemaker * The degree to which the parties (one or both) have squandered or wasted property? * Duration of the marriage * Custody arrangements for the minor children * The parties' respective ages, health, occupations, employability, and trainability * Prospective opportunity for each spouse to acquire capital assets and income in the future * Whether property apportionment is in lieu of or in addition to alimony/maintenance * Tax consequences of property division * Fault of the parties (excluded as a factor in many states) See Link Below For An Assets And Liability Inventory