Preparing for Divorce: 5 Things to Do Before You…

October 27, 2019August 13, 2020
by Angie

Preparing for divorce is tough – especially if you’ve never been through this type of split before and don’t know what to expect. You can make things easier on yourself by talking to a Stockton divorce lawyer before you file; during your initial consultation, you can ask specific questions, find out how the process works and what you can expect. From there, your attorney will walk you through the entire process.

In the meantime, here’s what you need to know about preparing for divorce.

Preparing for Divorce: 5 Things You Need to Do Before You File

Check out these five things you need to do as you prepare to divorce your spouse:

Build your support network
Commit to staying civil
Stay focused on your goal
Organize your finances
Be ready to negotiate

Let’s take a closer look at each.

#1. Build your support network

Divorce is tough, and dealing with it alone makes it that much harder. While your attorney can give you legal advice, you may need someone to give you personal advice or help you learn new coping strategies to deal with the stresses you’re facing every day. Family and friends can be great resources when you need divorce support – and don’t forget that you can always talk to a divorce counselor or therapist, too. (And so can your kids!)

Related: Divorce tips

#2. Commit to staying civil

You’re more likely to get what you want out of your divorce if you commit to staying civil with your spouse – and if you have children, civility is a necessity. You and your spouse will continue to parent your kids long into the future, which means you have to at least refrain from verbally attacking each other when you communicate. We’re not saying that you have to get along with your ex, but you do have to try to be polite and willing to negotiate throughout the process.

#3. Stay focused on your goal

If you’re like most people, your main goal is to make it through your divorce with a reasonably satisfying outcome. You don’t want the whole world, but you don’t want to settle for less than you deserve from your marriage, either. Keep your eye on the fact that your divorce will be over in time – sooner if you and your spouse reach agreements on your own – and that you can begin moving forward right now.

#4. Organize your finances

Divorce is a big financial change for most people. Whether one of you stayed home and cared for the children or you both worked during your marriage, you’re likely going to see some changes in your bank accounts. One spouse may have to pay the other child support and spousal support, and you may need to part with some of your assets to pay off your joint debts. You’ll be more successful if you organize your finances now, while you’re still preparing for divorce. That may mean:

Opening bank accounts and lines of credit in only your name
Removing your name from bank accounts and lines of credit you share with your spouse
Getting a job
Learning what assets and debts you and your soon-to-be ex-spouse have
Gathering documentation on all your assets and debts to share with your attorney

You should definitely talk to your attorney before you take any major steps (like getting a job or quitting a job), and you should never drain joint financial accounts.

#5. Be ready to negotiate

As you prepare for divorce, know that legally, what you’re doing is dissolving a marriage contract. That means you’ll have to go through a negotiation process to get what you want from the divorce. Be ready for give-and-take when it comes to dividing your property (California is a community property state, so you’ll have to divide the assets you accumulated while you were married) – and when it comes to child custody, too. The judge won’t approve your plans unless they’re fair to everyone involved.

Do You Need to Talk to an Attorney About Preparing for Divorce?

If you’re preparing for divorce, we may be able to help you. Call us right away at (209) 546-6870 or get in touch with a Stockton divorce attorney online to schedule a consultation today.

Divorce

Divorce: What to Do First

October 1, 2019December 7, 2019
by Angie

If you’re thinking about divorce, what to do first is probably one of your main concerns. Should you move out? Take yourself off your spouse’s checking and savings accounts? Call an attorney?

Here’s what you need to know.

Divorce: What to Do First

Divorce is a major life change, and for most people, that means working with an experienced family law attorney who understands the process – and who can give case-specific legal advice. You should absolutely call a Stockton divorce lawyer to discuss your situation and get guidance. When you call an attorney, you’ll be able to ask questions about your own case and learn about the process; your attorney will also have some questions for you. Then, she’ll be able to put together a strategy that gets you the best possible outcome.

After you’ve called an attorney, you’ll also need to:

Gather financial documents
Separate your finances
Save money
Talk to supportive friends and family, or a counselor
Determine your goals for child custody
Think about whether you’ll ask for spousal support (or whether you’ll have to pay it)
Figure out your living situation

Here’s a closer look at each.

#1. Gather financial documents

Your attorney will need several financial documents, including tax returns and pay stubs (from you and your spouse) to help determine your division of assets. Gather your life insurance policies, home mortgage statements and retirement account statements, as well as any other financial paperwork you can find.

#2. Separate your finances

It may be a good time to open up a bank account and at least one line of credit that’s solely in your name. However, you should talk to your attorney before you make any major financial decisions – and don’t take money out of your joint account to finance your new account without asking your attorney about it first.

#3. Save money

If you haven’t worked, now may be a good time to start looking for a job. (You should talk to your attorney about this, too.) If you’re already working, start saving your own cash rather than putting it into your joint account. You’ll still have to own up to having this money, but it’s a good idea to keep it separate from your spouse’s cash.

#4. Talk to supportive friends and family, or a counselor

We all need someone to talk to – especially during tough emotional times like divorce. Rely on your friends and family when you need someone to listen, or work with a trained divorce therapist who can help you deal with your emotions. There’s another benefit to working with a therapist, too; he may be able to teach you new coping strategies that help you get through the stresses you’ll face during your divorce.

#5. Determine your goals for child custody

When you divorce, one of the first things you’ll also want to do is determine what you want for your children. Remember, the courts always put the children’s best interest first – so that means you and your spouse should try to come to an agreement about child custody on your own (and it should be fair to everyone involved). If you and your spouse can’t agree to a fair plan that’s good for your kids, the judge in your case will decide for you.

#6. Think about whether you’ll ask for spousal support (or whether you’ll have to pay it)

In some cases, the courts order one spouse to pay the other spousal support (commonly called alimony). These payments are designed to help the lower-earning spouse get back on his or her feet and become self-sufficient. However, even if you think you’ll have to pay spousal support, or if you’re sure you’ll receive it, you can’t count on that until you have a signed order from the judge.

Related: California alimony information

#7. Figure out your living situation

Once you decide to divorce your spouse, don’t automatically move out of the house. Doing so could cost you in the long run. Instead, talk to your attorney about what you want to do – whether you want to keep your marital home or you’d like to sell it, move into a smaller place or do something different. Don’t make any moves without talking to your lawyer first.

Do You Need to Talk to an Attorney About Divorce and What to Do First?

When you want a divorce, what to do first is a big question for most people. Call us at (209) 546-6870 or get in touch with a Stockton divorce attorney online to schedule a consultation today. We’ll discuss your case, find out about your circumstances and start putting together a plan that gets you and your family the best possible outcome.

Property Division

California Divorce Law: Division of Assets

August 6, 2019March 6, 2020
by Angie

California divorce law and the division of assets can be confusing. Some things are community property and belong to both of you, and some things are separate property and belong to only one of you – and worse, some things are “commingled,” which means part of them belong to both of you together and one of you separately.

Here’s a simpler look at California divorce law and division of assets.

California Divorce Law: Division of Assets

California is a community property state, which means the things that you and your spouse accumulate during the time that you’re married actually belong to both of you. That’s true even if one of you stays home to care for the kids and house and one of you works to earn all the money. If you and your spouse acquired money or belongings during the marriage, you are both entitled to your fair share of them.

But California also recognizes separate property, as well. Separate property refers to money or belongings that one of you had before you got married, or that was given to one of you alone during your marriage (like a gift or inheritance).

Commingled property is property that one of you brought into the marriage – like a house, in many cases – but that you continued to pay for while you were married (which is the time when the things that belong to you are community property). Businesses and other assets can also be considered commingled property.

What Does California Divorce Law Say About Division of Assets for Community Property?

Under California law, you and your spouse have to divide your community properly fairly when you divorce. That doesn’t necessarily mean a 50-50 split (although it can) – it just means that you have to be fair about splitting things up when you divorce.

Sometimes people are able to simplify property division by selling the marital home and splitting the proceeds, or by otherwise reaching agreements to “trade” things between each other. For example, one party may really want the restored sports car in the garage while the other really wants the living room furniture. In cases like these, the judge will typically let couples figure out what they each want to keep during the divorce, and as long as negotiations result in a reasonably fair settlement, the judge will most likely sign off on it.

Related: Community property basics

What California Law Says About Division of Separate Assets

If you brought something into your marriage – say, a car that was completely paid for – you can typically expect to leave your marriage with it. In some cases, you may have to prove to the court that an asset was yours before the marriage; you can talk to your attorney about your situation and she’ll give you guidance.

Things like inheritances and gifts given only to one party are typically separate assets, too, although there are exceptions. For example, if you inherited a large sum of money from your grandmother and it was left specifically to you and not your spouse, there’s a good chance that you don’t have to split it with your spouse when you divorce. However, there are always exceptions – so if you have a situation like this, talk to your attorney so you can get case-specific legal guidance.

What if You And Your Spouse Can’t Agree?

Your attorney will most likely encourage you to reach an agreement on property division with your spouse. There are several good reasons for this – one being that it’s much more cost-effective to agree with your spouse than it is to engage in a time-consuming court battle over your belongings – and it’s nearly always in your best interest to try to negotiate. Often, when people go to court and ask the judge to divide their property after filling out a Schedule of Assets and Debts, both parties walk away feeling as if they lost (even if they get many of the things they wanted). However, when you negotiate a settlement on your own, you’re more likely to walk away feeling reasonably satisfied with the outcome.

Do You Need to Talk to a Stockton Divorce Lawyer About California Divorce Law and Division of Assets?

If you need to talk to an attorney about the way California divorce law addresses division of assets, we can help. Call us right away at (209) 546-6870 or get in touch with a Stockton divorce attorney online to schedule a consultation today.

Tag: <span>Finances</span>

Preparing for Divorce: 5 Things to Do Before You…

Preparing for Divorce: 5 Things You Need to Do Before You File

#1. Build your support network

#2. Commit to staying civil

#3. Stay focused on your goal

#4. Organize your finances

#5. Be ready to negotiate

Do You Need to Talk to an Attorney About Preparing for Divorce?

Divorce: What to Do First

Divorce: What to Do First

#1. Gather financial documents

#2. Separate your finances

#3. Save money

#4. Talk to supportive friends and family, or a counselor

#5. Determine your goals for child custody

#6. Think about whether you’ll ask for spousal support (or whether you’ll have to pay it)

#7. Figure out your living situation

Do You Need to Talk to an Attorney About Divorce and What to Do First?

California Divorce Law: Division of Assets

California Divorce Law: Division of Assets

What Does California Divorce Law Say About Division of Assets for Community Property?

What California Law Says About Division of Separate Assets

What if You And Your Spouse Can’t Agree?

Do You Need to Talk to a Stockton Divorce Lawyer About California Divorce Law and Division of Assets?