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SERVED WITH DIVORCE?

If you’ve been served with a Complaint for Divorce, one thing is for certain:  this process will not be easy.  It will be painful.  Anger may develop.  Depression may creep in.  But you can get through it.  If you have kids, you MUST think of them first.

If all of this seems overwhelming, focus on the immediate tasks at hand, which are finding a lawyer, thinking about the substantive legal issues the court should resolve in your matter, and protecting yourself before you get to court.  Here are some more strategies to consider in the days and weeks ahead:

1.  Pack up any personal items that are sentimental and remind you of the past that you had.  You must keep any documents or items that may be needed in court but anything not for this purpose may be removed.  It is almost like you rid yourself of any memories of this person who has removed themselves from the commitment that you both agreed upon.

2.  Evaluate joint bank accounts. Your spouse might simply take all the money in your bank account, leaving you with no cash. This can be a real problem because even if you have lots of assets, they will not be in liquid form.

You have three options when dealing with a joint bank account. The first option is simply to do nothing.  The second option is to take half the money in the bank account and put it in a separate bank account for yourself. The third option is to take all the money in the joint bank account and put that in a separate bank account for yourself.

Taking all the money in the bank account will not be to your advantage, as it will make you look bad.  In most circumstances, simply taking half the money in the joint bank account may make the most sense.

3.   Gather and organize financial records and put them in a safe place. This includes making an inventory of valuables such as safety deposit box contents, jewelry, artwork and silverware.  If you suspect that your spouse may be hiding assets, review all mail coming into your house and make a list of the sender and return addresses, especially if the mail is from a financial institution.

4.  Develop a track record of being involved in your children’s lives.  When it comes to deciding child custody, the parent who was the primary caregiver prior to separation has a big advantage.  If you wish to have primary parenting responsibilities, then make sure you are the one who is the children’s primary caregiver.

5.  Make sure your spouse is working.  If your spouse is out of the workforce - regardless of the reason why - chances are that you will be found to have agreed with this.  And if your spouse is not working, chances are that you’ll need to pay spousal support.

6.  Learn your spouse’s annual income.  If he or she has a salaried position, or is paid by the hour, the information should be on a recent pay stub. If you can’t obtain a recent paystub, last year’s tax return should do.  If your spouse is self-employed, a tax return may not tell you the full story.  Do a little detective work.  Does your spouse have a partner?  Are you friendly with the partner’s spouse?  He or she may know about the business and be willing to share what he or she knows over a friendly lunch.  Is someone else in the partnership divorced?  Make an ally of that partner’s former spouse, who will probably be full of information learned from his or her divorce and only too eager to share it.

Divorce can be the single most important event in your life. Getting served with divorce papers can be a major crisis and make you panic. Make sure you gather the necessary documents so that you and your attorney can make informed decisions.

You may feel overwhelmed after reviewing all the information provided on each of our websites and blog.  That’s okay.  Divorce is a highly-specialized area of law and it may take a while for you to fully understand the divorce process.  You’ve taken the first step by visiting this site.  Your next step is to find a lawyer who you feel comfortable with. 

The Massachusetts Family Law Group offer no-obligation consultations – on the weekends or starting at 5 o’clock in the morning.  We will discuss your concerns and formulate a strategy for you. 

Go to ourwebsite, and then contact us or call (800) 910-DIVORCE.

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