Some things need to be taken care of by every married couple, even if they are not getting a divorce. Every married couple, even a young couple who owns a little property and financial assets need to have every asset they own listed. This a will. You state who will be the executor of the will (pick out who will make your wishes happen). And file it with the court. This is why you should hire a divorce attorney even if you don’t need him.
You might ask why you would even think about listing everything your own at this phase of your life. Because, you and your spouse are making a document agreeing to what you own, and what it is worth and filing it with a judge. Your spouse cannot go back during the divorce and claim you do not own any property, a business, or a boat if he signed a paper stating he did and what it was worth. If any property is sold before beginning the divorce, find out how to register the funds so you will collect your share. This doesn’t mean you do not trust the man you married and the father of your children. This is just good business. They will also be protecting their share of the assets.
Wills, Trusts, And Estates Divorce Attorney
The attorney you hire to handle your estate may not be your divorce attorney but go to your divorce attorney first. If you have even a hint that divorce is in the air. Have your divorce attorney lead you on what things will make your divorce easier.
You should also use this time before the divorce has begun (if you are sure a divorce is coming) to gather the information your divorce attorney will need. This gives your lawyer the ability to start work immediately:
Divorce laws vary from state to state. When you go to your first appointment, you should provide the following items.
Note: If you have followed the advice and began working with him or her in advance, they will have most of this information.
- Your driver’s license.
- A list of substantial material assets and their value (your cars, your houses, your businesses, your boats, your plane, your expensive jewelry, timeshares, that Renoir or bonds, gold coins, etc.),
- A complete list of income for both you and your partner, and list of your necessary monthly expenses.
- A list of the names, dates of birth, addresses, and social security numbers of all your minor children as well as your spouse.
- Copies of the last three years of complete tax returns,
- A list of all the credit card accounts for both you and your spouse. Bring statements if you can print them off, showing the balances.
- Statements from all Bank Accounts going back 3 years,
- List extra activities your children are in such as dance, cheer, football, and softball. Include uniforms, equipment, and travel expenses. This should be made available so your child does not have to give up his or her normal activity just because mom and dad can’t decide who should pay.
Going through a divorce is one of the most challenging events in life. You are closing the chapter of your life that you built your dreams on, You may feel betrayed, hurt, mad, sad, and afraid. All of these emotions are normal and each of them is hard to handle alone. Combined, they are a force that can knock you off your feet.
In the center of all these emotions are your children. Your primary duty is to give them the best life has to offer. You know they are feeling many of these feelings too. They are heartbroken and they are confused. They love both of you, yet they feel they should take someone’s side. This is so unfair. You and your spouse are breaking up. They are not. Their world is being turned upside down and they don’t know why. You may get blamed and you may get hurt. But that is part of the job. Again, take the high road.
The details of your divorce are for adults only. You and your partner need to come together as parents and decide what you need to tell the children. You should be honest with them. However, they do not need to know the adult details of your divorce. It can be traumatic to try to turn a child against a parent. No matter what happens between the adults, it should remain between the adults.
Divorce is hard, and some people make it harder than it has to be. If you are in a messy divorce, you know how difficult it is to take the high road and not lose your cool. But, very soon in the battle, you will wear down. You need someone to fight for you. That is what your divorce attorney does. He stands up for you and he fights for you. Even when you are too tired to fight for yourself. Use the assets provided by the courts and if your spouse refuses to follow that path, take it back to the courts. Sometimes, it is hard to give up on a dream. But push on. You will find a better place.