5 Things To Do Before You Even Think About Getting A divorce

Nys Attorney Directory - 5 Things To Do Before You Even Think About Getting A divorce

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There are many steps to take to protect yourself in a divorce. This report will get you started. Your best bet is to talk to a lawyer before you do anything.

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1. Talk to a Marriage counselor or other professional who may be able to help you save your marriage.

Even if you don't think there's hope for the marriage, "divorce counseling" can help you scrutinize what went wrong, how to cope, and how to pick up the pieces and go on. Don't wait for your spouse to participate. If you don't know how to find a excellent counselor, our firm will be glad to suggest one or you can check out the directory of professionals at stayhappilymarried.com. Your employment, collective or religious contacts might also supply leads.

2. Talk to an attorney before you do anything.

Even if you don't end up hiring an attorney to cope your divorce or divorce, you would be well advised to get as much facts as you can before you even discuss divorce with your spouse. There's a lot to know about divorce in North Carolina...our laws are complex and even the simplest situation can be very confusing to families already in distress. Actions you take now may very well work on the outcome of your divorce (see #3) and you need to understand your options ahead of time...not some time down the road when it may be too late to alter the outcome. Click here to find attorneys who are well versed in the intricacies of North Carolina divorce law.

3. Do not move out of the marital home without talking to an attorney first.

Leaving the house without a good surmise may cause you to pay alimony or may supervene in your inability to derive alimony. If you leave the house, you may also be unable to return until after a court divides the property. This process might take more than a year. The best advice is to stay in the house until after you talk with an attorney unless your spouse is violent. If your spouse is violent, you must take all steps indispensable to protect yourself and your children.

4. If you have been complex in any extramarital affairs, talk to a lawyer before you discuss this with your spouse or anything else.

In this case, honesty may not be the best policy. In expanding to the fact that adultery is illegal in some states, admission of an affair can have other dire consequences. If your spouse is a candidate for alimony, any illicit sexual behavior on your part (during the marriage...which includes the time you are separated) could end up costing you thousands in additional alimony payments.

5. Take concrete steps to safeguard your assets before you and your spouse begin discussing divorce.

One of these steps is to take proprietary of determined assets while separation, especially those assets you wish to be using, such as furniture and vehicles, and those assets that might be liquidated by your spouse, including high-priced gems and stones, other collectibles, cash, and bearer bonds.

Another self-protective step is to file what is known as a Lis Pendens in the Deeds Office of any county where you and/or your spouse own real property. The lis pendens puts third parties on consideration of your claim to have an interest in the real estate against which the lis pendens is docketed. The lis pendens is basically a consideration of pending litigation that may work on real property. A properly recorded and served lis pendens clouds the title to the property, preventing an productive sale of the asset behind your back. The rules about a lis pendens consist of very definite requirements, all of which are spelled out in section 1-116 and the following sections of the North Carolina general Statutes.

A third inherent step to protect the assets of your marriage is to get an injunction restraining your spouse from transferring or otherwise disposing of any asset covered by the restraining order. Your attorney can also use an injunction to get your cut off asset returned to you, where your cut off asset is in the proprietary of your spouse and the spouse refuses to give it to you. The equitable distribution statute also provides a means for you to derive an interim distribution of marital property, pending a final resolution of the asset matter. Such an interim allocation could, for instance, give you much needed funds on which to live.

Other protective measures you might reconsider in your divorce planning include: (1) protecting your own reputation rating by frozen or closing joint cards and by blocking your spouse's access to other joint reputation such as a home equity loan; (2) closing joint bank accounts and occasion accounts in your own, private name; (3) changing the name of the responsible party on utility and other bills; and (4) spending where inherent your spouse's cut off asset first, marital asset next, and your own cut off asset last.

While this list will help you get started on the right track, it is by no means a complete list of all the things you need to do and know if you are inspecting a divorce. For more facts about the proprietary and duties of separating and divorcing husbands and wives visit http://www.rosen.com. You'll find a complete law library, downloadable divorce forms, a legal fee calculator, a child maintain calculator, lists of professionals who can help you and stories from people just like you who have survived divorce.

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