DIVORCE PLANNING 

If you’re in a marriage that isn’t working out and you’re not sure what to do, you probably tell yourself that you’re doing the best you can and that everything is going to be just fine.  At some point, however, you must make the difficult divorce decision of whether or not to stay together.

Making “no decision” is almost always the wrong decision…if you’re like a lot of people (and couples), you might think that if you delay the final decision to divorce, the problems you are having will somehow magically heal themselves or disappear.  They won’t!

With so much to lose, the best time to plan for your divorce is long before you actually file any legal papers.  The ultimate goal is that you always think before you act.  Don’t do anything in the heat of the moment that you may regret later, and don’t do anything illegal.  You will find that planning ahead will allow you to make sound decisions and avoid some of the most common mistakes in divorce.

1.  Set-up a separate e-mail account and delete temporary files on your computer.  Ask any computer forensics expert and they’ll tell you that when you use a computer almost everything you do leaves a trail which is next to impossible to permanently delete from the computer.  Temporary files store information such as sites you have visited and what you did while you were there.  Even if there’s noting bad or incriminating in there, it’s a good idea to keep your temporary files clean.  Divorce is a volatile time. Why make it worse with questionable computer activity?

2.  Get a lawyer.  Some divorce attorneys and divorce law firms charge for an initial consultation and some do not.  In the initial meeting, you should be able to get some good advice and outline a strategy based on your particular facts and circumstances. You will also be able to assess the attorney to see if the two of you are a good fit.  During this meeting, the attorney will discuss fees with you.  Be aware that any estimate by an attorney is the roughest of all guesses.  Actual legal fees often depend upon the filings of opposing counsel and your spouse’s willingness to negotiate a settlement agreement.  Your attorney will probably tell you not to sign anything before he or she reviews it.  Your attorney will also advise you about other matters you will need to consider during this change in your life, for example executing any estate planning documents.

3.  Begin your planning by making strategic financial moves, such as the following:

• Maximize cash assets in your individual name.
   
• Run your own credit report and analyze it, looking for previously unknown debt obligations.
     
• Reduce the risk of your spouse increasing joint debt.
   
• Check with your lawyer before transferring money in and out of accounts. There are no absolute rules in this area. Each case is unique.

4.  Gather Financial Information. The more you can organize your own financial documents, the more you will improve your chances of success. You are going to have to gather and organize a lot of information to assist your attorney with your case.  For starters, compile this list of documents before you begin the divorce process.  Give the documents to your lawyer at the first meeting to save time and expense.

5.  Take what belongs to you and safeguard it.  Certain property can’t be replaced once it’s gone – high school yearbooks, jewelry, computer disks, your collection of CDs and DVDs, your family heirlooms, etc.  If it indisputably belongs to you and you fear your spouse might take it for spite or leverage, move it out of the house.  If you have several such items, move them out slowly, over time, before you announce your plans. Depending on the size of the objects, you might store them in a safe-deposit box, a storage facility, or the home of a trusted friend.

6.  Before you meet with your lawyer, figure out exactly what your spouse is earning.  If your spouse is a W-2 employee all you need to do is look at his or her paystub which makes things easier for you.  On the other hand, if your spouse is self-employed or owns a business, it is much more difficult to accurately determine his or her income.  If your spouse has a business partner, you may be able to learn how the partners are paid during a casual social conversation with the partner.  If your spouse is self-employed or gets paid in cash, keep track of the income flow over several months.

7.  Start using our worksheets to organize your personal and financial facts.

8.  Have your personal and sensitive mail sent to your office, a friend’s house, or rent a mailbox at a local mail service center that gives you 24/7 access.

9.  Stop spending and start saving.  Watch your spending habits to see where your money is going.  Avoid spending money on things that you really don’t need or cannot afford.  If you do this, you will appear wealthier than you are and may hurt your case as it relates to spousal support.  You’re better served by opening a separate account – at a different bank – in your own name, and putting away some of your own money every week.

Once we understand your needs and goals relating to an uncontested divorce, we use our experience and skills to help you accomplish those goals – quickly and for a flat-fee. 

Our menu of services and fees helps you reduce cost, time, and stress.  Most importantly, we’ll help you save your kids from the negative effects of a contentious divorce.  Contact us to learn more about your options, or call (800) 910-DIVORCE.

If you need assistance with contested divorce, our sister-firm The Massachusetts Family Law Group handles these matters.