Divorcing? Protect Your Children & Finances Before Its Too Late!
Oct 29th, 2008 by Jon D. Alexander, Esq.
I am an orange county California divorce lawyer. This article is one in a series of articles that delves into and explains the details of the divorce process. Please subscribe to my newsletter today, which is linked below. Once you do so you will have access to all of my past articles and will receive my future articles about divorce and how best to deal with the trials and tribulations that occur. This information is not intended as and should not be relied upon as legal advice or the creation of an attorney-client relationship. However, please do contact me at Jon@oc-family lawyers.com to set up a confidential, free, half-hour consultation. Thank you very much for reading!
Divorce sometimes comes as a surprise in but more often than this result of a conflict that’s been building up over a long period of time.
Regardless of how it happens, you must take these steps to protect your children, your finances, and yourself. And remember there is a right way and a wrong way. Follow these steps and you will protect your interests in a manner that is reasonable and fair.
Unfortunately, in divorce one of the spouses is at a disadvantage because of that suffers due to an equal bargaining power. follow these steps, however, and you won’t be disadvantaged. Any utopian world, your new spouse would work everything out fairly calm sometimes though these proceedings become adversary. The tips below will help you protect your interests. Note, however, you should make a good faith effort to work things out and compromise before acting recklessly.
To protect your children, if you have them, you must (1) get a TRO; (2) not allow your spouse to take the kids and leave; (3); stay in the family home and (4) insist on a 50-50 split for parenting time. First, Get a Temporary Restraining Order that explicitly prevents your spouse from taking the children out of state. You do not want to be fighting for custody across state lines. Doing this helps with the Second item, not allowing your spouse to take the kids and run. Third, if you move out you might be doing serious detriment to getting custody.
However, if you have already moved out you should move back immediately. This may cause stressful living situation but you can attempt to defuse the situation by suggesting a time sharing agreement until custody and divorce issues are resolved. Fourth, you should not agree to settle for less than 50% custody. Your spouse does not have any greater rights to spend more time with your children and you. Furthermore, if you accept less time now you will be setting a precedent for the future. Make sure to insist upon a 50-50 split
Next, to protect your finances and yourself: Visit my site linked below to find out how to protect yourself and your finances. This article is contained in its entirety at my website and while you’re there please sign up for my newsletter! Thank you. Very truly yours, Jon D. Alexander, Esq.
