Mistakes To Avoid When Contemplating Divorce
Divorce is a complicated process that you should not further complicate with avoidable mistakes. Here are some of the mistakes you shouldn't make while preparing for a divorce.
Go On a Spending Spree
During a divorce, the court will review your assets and divide the marital assets fairly between the two of you. The review will involve not only the assets available at the time of the divorce but also the assets either of you consumed shortly before the divorce.
If the court finds that you made expensive expenditures shortly before the divorce, they will deduct such expenditures from your portion of marital assets and award them to your partner. Such a decision is based on the legal principle of asset dissipation, which the court views as intentional misuse of marital funds.
Move Out Of the House
Moving out of the marital home before the divorce may give your partner temporary child custody. Temporary child custody can easily turn into permanent child custody. Courts are generally reluctant to interfere with the status quo unless there are compelling reasons to do so.
Also, moving out of the marital home and leaving your things behind gives your partner sole control over those things. What if your partner sells, donates, or trash some of those things? Sure, the court will compensate you based on asset dissipation laws, but it is much easier to avoid the scenario in the first place.
Get Into a Romantic Relationship
You are not single until the court accepts or issues your divorce decree. Even if you have stopped sharing a bed or a house, the government still recognizes your marriage. The court will recognize any romantic dalliances during this period as adultery.
Adultery can affect your divorce in several ways even if you file for a no-fault divorce. For example, you may be tempted to use marital assets to treat your new romantic interest. Or you may neglect the kids as you tour the world with your new partner. Such actions may affect your asset division, alimony, and child custody determinations during the divorce.
Hold Joint Accounts and Lines of Credit
Lastly, it's not a good idea to hold joint bank accounts and joint credit cards if you are headed for divorce. Your partner can raid your joint account and misuse the funds. Or your partner can incur huge loans on your joint credit card — loans that you will be forced to share during your divorce. Close all joint accounts and open a bank account and credit card on your name to protect your finances.
If you're heading for a divorce follow these tips and find a divorce lawyer from a local firm like The VK Law Firm to represent you.