Category: Family Law
3 Things to Consider Doing If You’ve Moved Out of the Marital Home
February 14, 2013 | Elizabeth A. SchadingWhile we don’t often counsel people to move out of their marital homes, some people have already made the move long before they have reached us or our website. If this is you, then your situation isn’t hopeless – there are still things you can do to strengthen your position in your case. 1. Consider Visiting Your Children Often The amount of time that you are with your children now could have an enormous impact on your parenting time later. Don’t expect a great outcome if you didn’t see or speak to your kids for six months after moving out of the marital home. Make sure that you document each visit. Consider taking some photographs, but keep a detailed diary of dates, times, and activities, too. 2. Consider Taking some Photographs Take a photo inventory of the marital property. That’s anything that isn’t clearly and definably yours. If you’re not sure what that covers, then assume it’s anything that isn’t your clothing and toiletries. Absent an agreement with your spouse, be mindful of what items you take if you’re the spouse that’s moving. Taking a few towels and a set of sheets is probably not an unreasonable move. Clearing out the house and leaving your spouse and kids to do without won’t be…
Read MoreHow Can I Protect Myself Financially During a Divorce?
February 11, 2013 | Elizabeth A. SchadingWhile divorce will undoubtedly change your financial position, there are ways that you can reduce the financial danger, especially if you and your spouse have racked up lots of debt. As we covered in a previous article, debt can become a very sticky situation during a divorce. These steps will help you avoid making the situation worse. Start by checking your credit. It’s common for divorcing spouses to discover that there are debts they never knew existed. You and your divorce attorney can’t devise a strategy if you don’t know the full story. Pull a copy of your credit report so you can obtain a complete financial picture. If possible, it would be a good idea to discuss closing credit accounts with your spouse before cutting off your shared lines of credit so that you do not increase the rancor between you by placing your spouse in an embarrassing situation where he or she tries to swipe a credit card that no longer works. Unless unavoidable, you should avoid taking out any new debt, as well, even if it is only in your own name. Some who are divorcing will find that bankruptcy is their only option for securing a fresh start and a secure financial future. It’s sometimes a good idea for…
Read MoreWhat Happens to Debt During a Divorce?
February 7, 2013 | Elizabeth A. SchadingDuring a divorce, many people focus on the assets that are acquired during a marriage without giving very much thought to the debts. The division of debt during a divorce can be a very sticky issue that will have a great impact on your financial future. While we can’t tell you who will have to pay for what, we can tell you that the courts use the principle of “equitable distribution” as their guideline. That means the court will look over the total story of the debt and that debt’s place in the marital partnership while reaching a decision about who might ultimately be responsible. That might include whether the debt was taken out before or after the marriage, whose name the debt is in, what the debt was used to purchase, whether the other spouse knew about the debt or not, and a host of other factors. “Equitable distribution” does not mean that you will necessarily feel that the distribution of the debt is fair. It’s quite possible, for example, to end up footing half the bill for something that your spouse never even told you about simply due to a host of other factors that impact your case. It may feel unfair to you, but remember that you are in the…
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