Divorcing? Don’t Get Taken Advantage Of! CLICK HERE!
I am an Orange County, California Divorce Attorney and this article is a part of series that details the divorce process. When you subscribe to my newsletter which is linked below you will have access to all of my articles. This article is not intended as and should not be relied upon as legal advice or as the creation of an attorney-client relationship. Feel free to contact me at Jon@oc-familylawyers.com to arrange a free confidential consultation. Thank you for reading.
Sometimes divorce comes as a surprise but oftentimes conflict builds up over a long period time and then explodes in DIVORCE!
it doesn’t really matter how it happens, what’s important is that you take steps to protect yourself and your finances and your children. But be aware that there’s a right way and a wrong way to do things. By following the steps outlined below you will safeguard your interests without being unfair or unreasonable.
In divorce, one spouse is often at a disadvantage and suffers detriment because of unequal bargaining power. You, however, will not be so disadvantaged. In an ideal world, you and your spouse will be able to work things out in a reasonable manner. But in the event that proceedings become adversarial, the tips below will help you safeguard your interests. Be aware, though, that it is important to make a good faith effort to work things out before acting impulsively.
To protect your children, if you have them, you must immediately: (1) : obtain a TRO; (2) not allow your spouse to take your children and leave; (3) not leave the family home; and (4) insist upon a 50-50 split for child custody. Get a temporary restraining order immediately. Make sure that specifically prevents your spouse for taking the children out of state. You do not want a multi-state custody battle. doing this also prevents number two above the TRO will prevent your spouse from leaving with the children. Third, do not move out of the family home because if you do this may seriously impair your ability to obtain 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
To protect your finances and yourself: make sure to visit my website that has the rest of this article in its entirety. And while you’re there make sure to sign up for my newsletter! Thank you. Very truly yours, Jon D. Alexander, Esq.
