Streamline Your Divorce
Divorce laws in the United States vary according to the laws of the state and county a divorce tales place in, but there are some legal issues and responsibilities that are common to most divorces regardless of the jurisdiction. Many of the common elements of divorce deal with following the rules of the court and using common sense to make sure a divorce is completed quickly, legally and with as few complications as possible. Applying some of these common divorce steps and guidelines will allow you to streamline your divorce and make sure it is legal and fair for all parties involved.
When faced with an impending divorce, the first order of business is not to say anything on your spouse’s telephone or answering machine that contains information you do not want presented in divorce court later. Just assume everything you say to your spouse will be repeated later whether it is being recorded or not. Remember that it is legal in most states to record direct conversations for use as evidence in court.
Don’t try to pull one over on your spouse by spending all the money in joint bank or credit accounts. This will only complicate your settlement negotiations later. Don’t try to sneak away with any marital or separate property without the permission of the court and don’t spend money from accounts that are in your spouse’s name alone either. If your spouse tries to loot the joint accounts during the divorce process you can ask the court for a temporary order to halt them. In fact, you should get a temporary court order anytime you feel your rights are being compromised during a divorce proceeding. Temporary court orders can help protect your finances as well as your legal rights during the critical time that your case is unfolding in the courtroom.
If things get really bad and your spouse makes threats, ask for a restraining order from the court. If both spouses have retained lawyers, don’t try to talk to your spouse on your own, just let your attorney handle it, that’s what you are paying them for. Also, do not try to communicate with the judge in your case outside of the courtroom. Even if you live in a small town and know your judge, it is illegal in most states to attempt to influence your case outside the court.
If there are children involved in your divorce, try to avoid involving them any more than absolutely necessary. Issues surrounding dependant children can make things far more complex in any divorce. Anything you do that may be perceived as harmful to the children can be viewed as harmful to your side of the case by the court. Be sure to comply with all visitation orders exactly as specified and don’t try to move the kids out of town without prior approval from the court.
Keep your cool at all times and do not display anger in the presence of your spouse or children prior to completion of your divorce. Don’t lie to the kids about the divorce because they will learn the truth later and you will look like a liar at best. Try to be as flexible as you can with the kids and your spouse during the divorce. If you keep everything on a polite and legal basis your divorce will be a lot smoother.