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.
Divorce sometimes comes as a surprise in but more often than this result of a conflict that’s been building up over a long period of time.
irregardless of how it actually occurs, it’s important you take steps to protect yourself and your children and your finances. And please note that there is a wrong way and a right way to do this. If you follow the steps outlined below you will protect your interests in a manner that is both fair and reasonable.
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.
if you already moved out, however, move back in today. While this may cause additional stress you will be safeguarding your custody rights. Fourth, do not agree to less than 50% custody. Your spouse doesn’t have a better right or greater right to custody and you do. Furthermore, if you agree to less than 50% custody you will be setting a precedent for the future. Insist upon a 50% split.
Now to protect your finances and yourself: visit my website that is linked below to find out how to protect yourself and your finances. This entire article is contained at my site and while you’re there make sure to sign up for my newsletter! Thank you very much. Very truly yours, Jon D. Alexander, Esq.