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Top 5 Ways to Ensure Financial Security During your Divorce

Posted: 04/23/2012 12:10 pm

Divorce can be an emotional and financial roller-coaster ride for most people. In addition to the great emotional burden that people face, financial concerns can also weigh heavily on your decision making, especially before your divorce is finalized. Here are five tips for taking the financial pain out of your divorce:

1. Avoid maxing out your credit cards -- monthly payments can become burdensome and affect your credit history.

Between living expenses, tuition, transport costs and legal fees, recent divorcees can often struggle to keep up with their financial obligations. Their first reaction is often to put all of their expenses on a credit card and think about it later. While this strategy does buy you some time, there is a risk that you may not be able to make the monthly repayments and your credit history may be negatively affected.

You may be able to borrow from friends and family who will wait until your settlement finalizes for you to repay them. Alternatively, specialist divorce finance companies may also offer money for legal fees and living expenses without the need to make any repayments until your case settles.

2. Minimize legal costs on insignificant legal arguments/items.

Too many times we see large legal bills being incurred without the case meaningfully progressing towards settlement. Try and put aside negative feelings for your ex-spouse when giving instructions to your lawyer. Remember to remain calm, logical and give practical instructions that will push your matter through to finalization.

If your issue is worth standing up and fighting for, then legal fees incurred in protecting the issue may be worthwhile. On the other hand, there is no point in asking your attorney to send a letter to your ex-spouse (which may cost you $300) to argue over who takes the favorite cheese platter (worth $15)!

3. Ensure that you can keep up with mortgage and rent payments until your case settles

It is important to look at your essential living expenses during your case. How long do you expect your case to go on for? Can you afford your mortgage repayments/rent/food bills during this period? Has your ex-spouse been ordered by the Court to make interim spousal/child support payments? Will this be paid soon enough for you to pay your bills?

These are all important questions that you need to consider at the early stages of your divorce proceedings. Let your attorney know if you believe there will be a shortfall, as they may be able to recommend options to ensure you remain financially comfortable during your case.

4. Do your research and hire the right attorney the first time.

Attorneys, like divorce cases, come in all shapes and sizes. Some attorneys specialize in high net worth cases, some in custody cases and some in standard amicable cases where very few assets are in dispute.

Choosing the correct attorney for your case at the outset is extremely important for a number of reasons. First, choosing the correct attorney for your particular circumstance will usually result in you receiving your best result. More important, however, is the risk of engaging the wrong attorney and having to switch during your divorce proceedings.

If you decide during the course of your case that your attorney is not right for you, you can certainly change lawyers. However, remember that hiring a new attorney will mean paying your new lawyer to read your file and come up to speed with the facts and the current status of your case. This is not a cheap exercise.

By doing the necessary research before you choose an attorney, you are more likely find the right fit. This will cut down on your legal costs and give you peace of mind that your attorney thoroughly understands your case and can achieve your best result.

5. Understand your financial options

For the vast majority of people, the divorce process will be one of the most trying times of their life, both emotionally and financially. The financial well-being of a divorcee can be greatly enhanced by understanding all of the financial options available to them.

These options can include borrowing money on a personal loan from a bank, borrowing from friends and family, talking to your attorney about a payment plan or engaging a specialist divorce lender.

If you are considering talking to your bank, remember to factor in the monthly repayments that will become due. Can you afford them? Will they impact your other spending? Is your credit score going to be considered?

Family and friends are a great resource for short-term loans. Depending on your individual circumstances they may be able to assist you in paying your legal fees and living expenses while you wait for your settlement, without the paperwork and stress of a bank loan.

People involved in complicated or high-end cases are increasingly seeking out divorce lenders to assist them with the payment of their legal fees and living expenses. Divorce funders position themselves as an alternative to a credit card, with the significant benefit of no payments due until the eventual settlement of the case.

The divorce process can be a harrowing financial ordeal. Following these 5 easy steps will assist you in making the path a far easier one to walk.

 
FOLLOW DIVORCE
Divorce can be an emotional and financial roller-coaster ride for most people. In addition to the great emotional burden that people face, financial concerns can also weigh heavily on your decision ma...
Divorce can be an emotional and financial roller-coaster ride for most people. In addition to the great emotional burden that people face, financial concerns can also weigh heavily on your decision ma...
 
 
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11:46 PM on 04/24/2012
Love Jill Hawkins comments...borrowing from family is often an important resource.
02:40 PM on 04/24/2012
I went through an ugly high net value divorce which finished in 2011. My husband hid assets everywhere and then pretended to be broke when he turned up to court. My lawyers fees were expensive. I borrowed from family and friends and also borrowed from a divorce finance company to fund my legal and living expenses.

By taking out a loan, I got better legal representation than I otherwise could have afforded and got a better result. Happy these companies are around.
11:48 PM on 04/24/2012
Family lending is a wonderful tool for people in a divorce...I am a big advocate!
Morrisfactor
Just a little bent
02:28 PM on 04/24/2012
I loved the accompanying photo for this story - the man holding open his wallet and passing out hundred dollar bills.

No doubt, going for child support and/or alimony, during a divorce which statistically she initiated.
02:14 PM on 04/23/2012
In a divorce you have multiple resource bleeds happening at the same time.

The first is your divorcing spouse.

Your divorcing spouse is going to get what she is going to get by law. There are some gray areas. Identify the gray areas and look at likely outcomes. Be reasonable. There is a reason that 95 percent of divorce cases settle.

The second is your divorce lawyer.

A bad (for you) divorce lawyer -- one who effectively treats you as a depreciating asset to be billed generously until depleted -- is a big problem.

A bad (for you) divorce lawyer will use drama and panic/fear to try to get you to engage in all sorts of meritless activity -- with him/her or with your spouse.

When my divorce lawyer wanted money, it seems he would call me and tell me that my divorcing wife wanted to put me out of the house. Or he would call me to his office to meet. None of it was meaningful.

What he really needed to do but did not do was try to settle the case.

What divorce lawyers are able to do is drag the case out for fees and then settle at the end.
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Todd Kapner
01:33 PM on 04/23/2012
#2 is the big kahuna. If the divorce is contentious, the only winner will be the attorneys. If both sides are reasonable and flexible, which requires some maturity, you can get out of a bad marriage with minimal financial, not to mention emotional damage.