The divorce process can be quite challenging. There are certain things you can do, though, and make the whole experience a bit easier for yourself. You can make sure that your legal rights are protected. To achieve that, you need to follow state divorce laws.
These laws may be different from state to state, first and foremost doing research upfront about what they would exactly be. That way, you will know what is allowed to do and what is not. This article will discuss some actions that should be done during a divorce. By following them, you will be able to protect your legal rights.
Find Yourself a Lawyer
The first step is to seek help from an expert on legal advice. That would be the lawyer who deals with family law and divorce. That would be recommended, instead of trying to reach the agreement with your spouse. Considering the situation is highly stressful, the professionals from McKinney Tucker & Lemel, LLC advised it would be wise to make sure you have a lawyer and to make a decision on which attorney will represent you. When getting advice from a solicitor, assets that you may not even have considered can become apparent. If luck goes your way, the agreement will lean more in your favor if you have hired a professional. In a situation where you are trying to make a deal with your spouse, you may not be so fortunate.
Say No To Violence
If you wish for your legal rights to be protected, have in mind that you should never damage, destroy, transfer, or even conceal any property that is owned by you or both parties without the consent of the other. In case the court finds that you have engaged in the disposal of any kind of assets, that can negatively affect you.
Do Not Move With Your Children
Even if the divorce gets ugly, it would be wise to never move children that are minors outside the jurisdiction of the court. In some states, they can be relocated up around 15 miles away, however, they would still need to be inside the state. Before doing such a step, make sure that the state you are in approves such acts.
When the divorce starts, the state where it has begun will be proclaimed by the court the “home state” for your children. Moving outside of it without permission can lead up to losing custody over them. If your spouse does something like that, you will have an advantage. That would also apply if he or she is hiding them from you.
For instance, in case that they are staying with you, it would be recommended that regardless of the relationship you have with the other parent, you need to make them available for your soon to be ex-spouse. The court may frown upon when one parent is trying to alienate the children.
Even though it may seem hard, moving out of your marital home, may not be advisable. The party that moves out will not have the benefits as much as the remaining spouse would.
So in case, you would like to make sure that your legal rights are protected, ensure that you are the one that remains with your offspring. That will send the message to the court that you have the main care over the children and therefore have a greater need for accommodation. Also, it will leave you in a more comfortable position, financially speaking.
Think About The Financial Picture
A thing not to do is to transfer your assets to a third party or moving them offshore. The court may see such actions as deceitful and may reverse such moves. It would also not be advised to move in with a new partner in case you have one before finalizing the divorce.
The family courts are bound to take everything into account, and that will jeopardize your legal rights. By sharing bills with your new lover, they will be viewed as a potential recourse, and you will have to share the details of their financial situation with the court.
People in general do not plan to divorce. Even though it may sometimes happen. It is a long process that is often costly, and the goal of reaching a financial settlement may take a long time, sometimes even years.
Before finding someone who will be your legal assistance, it is important to remember that there are actions that you can take that can firm up your legal rights and protect your interests. If you still have not started the whole process, have this advice in mind, do educated research, and find an attorney that will represent your case in the best way possible.