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Divorce & Custody 101
#1 Save Financial Documentation
You will need to disclose relevant bank and credit card statements in ALL family law cases involving finances. Make sure you are able to readily access these statements when the time comes.
#2 Research Mortgage Rates
If you own a home, and are getting divorced and plan to keep your residence, make sure you speak with your lender about the possibilities of assuming a loan versus refinancing it as soon as you can. Having a clear understanding of the financial implications related to your home and your options is important at the onset of any divorce.
#3 Communicate in Writing
If you are in a high conflict situation with your former partner, communicate in writing whenever possible so that there can be a written record. Be aware that any and all communications between you and your spouse/partner may be entered as evidence against you in the future.
#4 Make a List of Valuables in your home
Division of personal property is something the Court generally expects the parties to handle themselves, however, if there are items of unusual worth, sentimental value or brought into the marriage, you may want them specifically addressed in your settlement agreement.
#5 Know your status
Are you on the deed to the home? Are you also on the mortgage? Is the vehicle titled to both or just one of you? These bits of information are key to know at the onset of any case involving division of assets, and may impact your ability to keep an asset you consider yours. The more you know the better we can advise you.
#6 Gather important documentation related to your child
In order to initiate a case for custody or divorce we will need to provide the Court with a copy of the child's birth certificate with your filing. Make sure you have that accessible, or request a new copy directly from Vital Statistics. If your child is of school age, and there are educational, or behavioral concerns that could be relevant for litigation, obtain copies of any IEP evaluations, attendance records and disciplinary records.