If You Know a Divorce is Coming, It’s Best to Plan Ahead
Though there are situations where a party to divorce has no idea it’s coming until the papers are served, in many, if not most, situations, there are indications of trouble long before it becomes official. If you have good reason to believe that your marriage is not going to survive, you can take steps in advance to prepare for the process and protect your interests.
When There are Minor Children in the Home
If you have minor children living at home, you’ll face difficult decisions about custody, visitation and support as part of a divorce. To ensure that you get the most desirable outcome, take a couple steps:
- Make certain that your kids have a stable and safe home environment—If at all possible, don’t move out of the marital home and leave your children with your spouse. When it comes time to determine custody and visitation, the court will likely conclude that you either have less interest in or are less capable of taking care of your children. You may be sending the message that your ex ought to have custody.
- Keep a diary of your interactions with your children—In custody proceedings, the court customarily looks at the nature of your relationship with your children. If you can show regular and meaningful interaction, the court will likely consider a continuation of this relationship as being in the best interests of your children
Compile All Necessary Documentary Evidence
When making determinations about child support, alimony or spousal support, and the division of marital debts and assets, the court will want to review all documentary evidence, including financial records, tax returns and retirement accounts. The court will also want to know what property was brought into the marriage, whether any property was obtained through inheritance, and how assets were held.
Open New Accounts in Your Name Only
Set up your own bank accounts and credit card accounts, if possible. You may also want to stash some cash, as bank accounts may be frozen, and cash will provide you with some liquidity. It’s also advisable to request a copy of your credit report, so that you can see if your spouse has hidden assets or obligations.
Set Up a Post Office Box
This will allow you to receive mail without risk of interception by your spouse.
Contact Morgenstern & Rochester
At Morgenstern & Rochester, our two partners have almost 50 years of combined family law experience. We are a boutique family law firm that takes a hands-on approach. When you hire us, you will always work directly with one of our partners, never with an inexperienced associate or a paralegal.
To arrange a confidential meeting with an experienced Cherry Hill family law attorney, contact us online or call our office at 856-489-6200.