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Stann Givens

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6 Things To Do When You See Divorce In Your Future

Posted: 04/25/2012 12:28 pm

Usually when people are on their way to divorce, there are warning signs. More often than not, it is gradual rather than a sudden transition from happily married to icicles in the room.

If you see divorce coming, or even the possibility of it coming, there are six very important steps you can take to protect yourself and your future.

Step 1: Go See a Lawyer

The single biggest mistake that the divorce lawyers in our firm see is that potential divorcees wait way too long to seek legal advice. There are things that you can be doing to protect your assets and set up a more favorable outcome in the event you enter the court system.

Compare it to finding out that you might be playing the game of cricket on Saturday. You certainly would want to have someone explain what the rules are before you set foot on the field.

The lawyer will dispel the many myths that exist in the area of divorce. Your lawyer will ask questions about your particular situation and you will be walked through the divorce process and told what your likely outcome is if you go before a judge. This process takes about an hour and costs a couple hundred dollars but is well worth the time and cost.

Step 2: Gather Financial Information and Put It in a Safe Place

When your spouse decides that divorce is the only answer to your relationship, he or she may be hiding assets or information. A significant step that you can take is to make photocopies of all financial records that you have and take photographs of all of your personal property. It is amazing how many times the collectible items disappear before they can be accounted for and valued. The record of all of these assets should be kept away from your home in a safe deposit box or with a friend.

Step 3: Don't Try to Hide Money

Most people who try to hide assets from a spouse don't do a very good job of it. If you get caught having hidden assets, the judge is going to use that to give your spouse a lopsided division of property or not give you the correct alimony ruling. Judges have a great deal of discretion in divorce cases and you always want to appear to be the "good spouse" in the judge's eyes.

Step 4: Don't Bad-Mouth Your Spouse to Your Kids or Mutual Friends

It is way too common for divorcing parents to say terrible things about each other in the presence of the children in an effort to get them on their side. The same thing happens when speaking with the mutual friends.

Psychologists will tell you that this may win the children over temporarily, but eventually they will see through your comments and arrive at the opinion that the other parent who behaved properly is the one with whom they wish to associate when they become adults. A similar thing happens with the mutual friends of the spouses.

Step 5: Go See a Mental Health Professional

If you are in a divorce proceeding, or even contemplating it, you are likely stressed out. You need to speak with someone about your situation and see how you are being affected by the process. There may be a need for counseling sessions to deal with the anxiety and other emotional issues. On the other hand, you may find out that your head is screwed on pretty straight and you are handling things pretty well. It is vital that you find out your status because, under the circumstances, you are not able to make the evaluation yourself.

Step 6: Consider Changing Your Healthcare Directive

In just about every state, there is a document that you can sign that gives someone the right to make important medical decisions in the event that you are in a coma or otherwise unable to direct the physicians. Most people list their spouse as the designated person. You don't really want to be in a decaying relationship with someone and yet still rely on them to make the right decision as to whether to pull the plug on your respirator. Go ahead and change the designee. You don't have to tell anyone except the new designee and you can always change it back if you patch things up with your spouse.

Hopefully, you can work things out with your spouse and go back to the great relationship that got you together in the first place. In the meantime, take some steps to protect your interests in case things don't work out. Think of it as buying insurance.

 
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02:26 PM on 05/01/2012
This may be good advice IF you are going to court. But step one should be "Learn About Divorce Processes That Don't Involve Court". Someone mentioned it above, but Collaborative Divorce and mediation are great alternatives. In Collaborative Divorce, the kind of "me versus you" tactics described in the article are discouraged in favor of working together in joint problem solving. Too many attorneys see all cases as litigation cases because that's the only way they know to handle a case. When all you have is a hammer, everything looks like a nail.
01:52 PM on 04/28/2012
I use to know the statistics on the number of women killed in this country every year by their spouse or significant other...but it is beyond scary. If you want to get out of a relationship...keep your mouth shut, make your plan with an attorney and move out before you serve the papers. There are places where the court makes you stay in the same house....very few divorces are amicable
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ivanczar
01:51 PM on 04/28/2012
The cost for dads in a child custody battle is at the very least $60,000 , that's sixty thousand in the County where I live ! A real nightmare for dads, and mothers pay the same to their lawyers . So the total is at least $120,000 if its an ugly fight for your kids.
01:46 PM on 04/28/2012
I have been married for decades...but did years of volunteer work in the county courts for domestic violence/divorce. When you get to the point of court...the marriage is all but over. The one thing that was a detriment was going to church counseling as a couple. Church counseling is one sided...quoting verses that were written by men thousands of yrs ago when women were considered nothing but a piece of property.You should first go to counseling BY YOURSELF... decide if you really want to save the marriage.,,,then you can go as a couple. Find the best marriage counselor in the area...and see if it can work.
Over the years, I have noticed more and more women are deciding not to marry. They like their freedom and they are well enough educated that they don't need to put up with the demands of marriage.
12:16 PM on 04/28/2012
In this day & time older couples that have accumilated things before the marraige should consider a pre-nup not only can you both protect yourself in the event of divorce the both of you can have a expectation of what is expected of the other in the marraige & should it end in diviorce. It may also give you a feel if the other is truly committed to you or are they simply looking for what they may recieve out of the relationship.
11:59 AM on 04/28/2012
Follow the money. Who gets paid? Big Marriage and Big Divorce. They are industries that are driven on the hopes and dispair of loves beginning and end.

But I say the painful step of divorce is reserved for those who make the mistake of marriage. Avoid one, rule out the other. I know, I know, now will all the overpriced dress makers and divorce lawyers do? Find another victim to chase.
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rforeverfree
11:39 AM on 04/28/2012
is this a primer for middle school dropouts?
10:55 AM on 04/28/2012
If you really can't work out your relationship, don't choose the courts- the bigger battleground.Choose a mediator to help work things out between you in ending the marriage. Once you have reached a mutual agreement, bring it to one lawyer to complete the settlement and divorce papers.
09:50 AM on 04/28/2012
The slogan: "The family that prays together, stays together" is well known. There has been much anecdotal evidence that has led to "unsubstantiated claims that the divorce rate for Christians who attended church regularly, pray together or who meet other conditions is only 1 or 2 percent". 8 Emphasis ours]. Dr. Tom Ellis, chairman of the Southern Baptist Convention's Council on the Family said that for "...born-again Christian couples who marry...in the church after having received premarital counseling...and attend church regularly and pray daily together..." experience only 1 divorce out of nearly 39,000 marriages -- or 0.00256 percent. 9
12:29 PM on 04/28/2012
those are also the marriages that often have abuse behind closed doors...
01:48 PM on 04/28/2012
you are soooooooooooooo right
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03:12 PM on 04/28/2012
Funny, just read an article about how Baptist's, at least the southern baptists, are among the most divorcing.
09:47 AM on 04/28/2012
The people I have known that get a divorce? They usually were alot closer and could have saved the marriage before they saw a lawyer. Lawyers usually start by driving wedges between the two people and make things worse. Yeah they will save you from loseing your shirt. But, They can also cause a divorce where a good couselor could also save the marriage. Well, Unless one has already got another person in thier life and lieing about it and then it is kind of hard to have three in a bed...lolol.
01:48 PM on 04/28/2012
The wedge is already driven
04:11 PM on 04/25/2012
Note that the lawyer says that "go see a lawyer" is the fist step. For many people a lawyer is NOT necessary. And many initial consultations aren't an opportunity to walk you through your rights and the expectations of a possible divorce, but a chance for the lawyer to determine what your case would be like in the event that she or he would represent you. The legal aspects may be distinct from the family/social/emotional/financial aspect that are most important to you. Lawyers are skilled at protecting you legally, but don't know your motivations and experiences to say nothing of your spouses.

Yes, seek counsel if you doubt whether you and your spouse would be able to put together a workable separation agreement, or just to ensure that you have an advocate. But don't expect the lawyer to prepare you for what you need to know unless you first do some research yourself to identify in which the areas you need guidance pr more information.
02:14 PM on 04/25/2012
So many good points. As a divorce attorney in New York, I think Step 5 is particularly important, and it may even salvage your marriage. At the very least, mental health therapy will help you deal with the break up better, and improve your family relationships. www.lawjaw.com
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thebarbecuemast
bbqmaster,physician,hiker
01:01 PM on 04/25/2012
first try to save your marriage-try counselling at your church or temple if thats nooption go see a
good article heres what to do
good divorce lawyer
plan where your going to live,transfer your money to a separate account,open a new account if your joint,start moving your stuff to your family or friends if its valuable. talk to a lawyer who specilizes in divorce. one of you are going to split soon when they reaize its over ... its miserable but necessary
good luck time heals all..