Your Life, Your Credit: How NOT To Destroy Your Credit In Divorce

The effects of divorce can linger for a long time after the settlement is final. Divorce can cause a huge strain on your credit, so it is best to plan ahead to preserve your financial future.

How To Prevent Damage To Your Credit After Divorce

  1. Before you can plan for post-divorce credit, you should know where you stand currently. It’s astonishing how common it is for people’s credit reports to be incorrect. So, step one is to pull your credit report. You can request a free report once per year from each of the three reporting agencies, or you can look online for free services like CreditKarma for an estimate. You’ll want to look for things like collections notices that are incorrect, lines of credit that you did not open and things of that nature. Dispute any errors you can, as they can make it difficult for you to secure new lines of credit (which you might need considering the costs of divorce).
  2. Although getting your credit in order makes it easier to open new lines of credit, you will want to avoid opening new lines of credit that are unnecessary. Only open new lines of credit when you have no other choice ”“ you don’t want to overextend your finances, and there are still things like attorney fees, daily expenses and unexpected expenses like security deposits on a new place to live to consider.
  3. Budgeting is the name of the game. Presumably, you’re moving from a two income household to a one income situation. You’re likely going to have to make some cutbacks and prioritize what is really important. Making sure you are able to pay your bills on time means that you can preserve your credit rating so that you are able to take out any necessary loans you will need (student loans, car loans, mortgage loans) moving forward in your life.
  4. Make sure that you close all joint accounts with your spouse before your divorce is final. If your name is still on an account with your spouse after divorce, then his or her debts and spending habits could come back to bite you.

The Denver divorce attorneys at Divorce Matters handle all aspects of family law, including preparing our clients for the financial changes they will experience post-divorce.

Four Simple Tips To Help You Pay Less For Divorce

Generally speaking, divorce can be a very expensive life event. There is a lot to consider beyond just the cost of an attorney. Finding a new place to live, purchasing a new vehicle and many other things factor into the cost of divorce.

Attorney fees make up a large portion of divorce costs, but there are many strategies that we use at our law firm to help our clients soften the financial blow of divorce as much as possible. Here are a few tips to help you keep your attorney fees low in divorce.

4 Tips To Minimize Divorce Costs

  1. Find a lawyer early on in the divorce process. While this might seem counterintuitive, often it actually results in lower long-term fees because your lawyer will advise you on what’s feasible and what the best possible outcome can be for your individual situation.
  2. Use your time with your attorney wisely. Preparation is important. Think through all of the questions that you have, compile them all together and bring them to your attorney’s attention at one time, instead of making a phone call every time you have a question. Keeping your attorney interactions concise can help you minimize your attorney fees.
  3. Do your homework! While divorce attorneys are there to help you get all of your affairs in order, there is a lot that you can do yourself to help streamline the process. Putting together your financial portfolio including assets, liabilities, income and expenses, for example, can make it that much easier for your attorney to work through any issues related to division of marital assets.
  4. If it is possible for you to remain amicable with your spouse, much of the conflict in your divorce can be avoided. That can lead directly to lower attorney fees, because conflict can drag out divorce proceedings, contributing to higher costs.

Our Denver divorce attorneys offer financing options to help clients cover the costs of their divorces.

Surprise Expenses In Divorce, & How To Avoid Them

Health insurance. Housing costs. Credit problems.

It is easy for financial issues to blindside you during divorce. Divorce is expensive, and that’s without including the hidden and future costs that you will face. If you are unprepared for life after divorce, you may find yourself teetering on the edge of a financial spiral downward ”“ preparation is key.

The simplest way to protect your financial future is to create a budget, a step that a shocking number of divorcees do not take. For those who do, many fail to follow the budget. Some overestimate how much money they actually have and others don’t realize how much they actually spend. Follow these tips to make sure your budget is accurate ”“ and then stick to it!

  1. Total all of your income sources. Your job, your second job and any other income you receive, such as spousal maintenance. Once you do, subtract any known costs you must pay, such as child support.
  2. Total up your recurring costs, such as your car payments, rent/mortgage and insurance payments. Once you have a list, consider eliminating some costs that you don’t need. Do you really need unlimited data on your cell phone, for example?
  3. Consider all fluctuating expenses. Entertainment, your morning coffee, haircuts, etc. If it is not an absolute necessity (you have a gym membership, but your new condo has a gym onsite, for example) consider eliminating that cost.
  4. Now that you have an accurate picture of income vs. spending, do you have income or a deficit at the end of the month? If the former, excellent! Consider putting that money into savings or a retirement account. If the latter, revisit your budget and see if you can eliminate any more unnecessary expenses.

Know this ”“ while a budget is valuable for any recent divorcee, it does not have to be permanent. Keeping yourself afloat during this tumultuous time will ensure that you have ground to stand on when you are in a better position financially.

Health insurance. Housing costs. Credit problems.

It is easy for financial issues to blindside you during divorce. Divorce is expensive, and that’s without including the hidden and future costs that you will face. If you are unprepared for life after divorce, you may find yourself teetering on the edge of a financial spiral downward ”“ preparation is key.

The simplest way to protect your financial future is to create a budget, a step that a shocking number of divorcees do not take. For those who do, many fail to follow the budget. Some overestimate how much money they actually have and others don’t realize how much they actually spend. Follow these tips to make sure your budget is accurate ”“ and then stick to it!

1.       Total all of your income sources. Your job, your second job and any other income you receive, such as spousal maintenance. Once you do, subtract any known costs you must pay, such as child support.

2.       Total up your recurring costs, such as your car payments, rent/mortgage and insurance payments. Once you have a list, consider eliminating some costs that you don’t need. Do you really need unlimited data on your cell phone, for example?

3.       Consider all fluctuating expenses. Entertainment, your morning coffee, haircuts, etc. If it is not an absolute necessity (you have a gym membership, but your new condo has a gym onsite, for example) consider eliminating that cost.

4.       Now that you have an accurate picture of income vs. spending, do you have income or a deficit at the end of the month? If the former, excellent! Consider putting that money into savings or a retirement account. If the latter, revisit your budget and see if you can eliminate any more unnecessary expenses.

Know this ”“ while a budget is valuable for any recent divorcee, it does not have to be permanent. Keeping yourself afloat during this tumultuous time will ensure that you have ground to stand on when you are in a better position financially.

Should I Talk To My Spouse During Divorce?

Anything you say can and will be used against you in a court of law. While you mostly hear those words in the context of crime, it is still wise to remember them when you are going through a divorce. The things you say to your spouse can easily come back to haunt you in court, especially when a divorce is contentious.

Does that mean that you should never speak to your spouse during divorce? Of course not. There are plenty of matters in a divorce that would be easier to figure out if both parties are on speaking terms. However, when you should speak to your spouse and what you should say are both very important considerations to make.

When To Talk To Your Spouse

You should only communicate with your spouse if the communications are to be positive, important and cordial. Feelings can run a little hot in divorce ”“ it happens, it’s normal ”“ but you want to keep a level head. If you act hateful or threatening, that will hurt you in divorce court in matters such as child custody.

Another thing to keep in mind: if you are speaking to your spouse through texts or emails or anything like that, it is wise to keep accurate and thorough records about these communications, especially the ones that involve important aspects of your divorce, such as visitation schedules, medical details or tax returns. As far as actual phone calls, you can record those as well without the other party’s consent in Colorado, but if the divorce is between two states, you should refrain from recording phone calls unless your spouse is also in a one-party consent state.

What to Avoid Saying on Social Media During Divorce

Facebook, Twitter, Instagram, Tumblr, Snapchat, Tinder, Reddit, LinkedIn, Pinterest, Google+, Vine, MeetUp ”“ we don’t have to list very many social networking sites to show that social media has become a big part of our culture. It has permeated every facet of technology ”“ even video games like Candy Crush have social media elements, and every news site and business page contains links to social media.

Because these sites have become so integrated into daily life, people going through a divorce may not realize just how bad of an idea it can be to post on social media. Everything you do online leaves a digital footprint ”“ and if someone really wants to find it, they can, and it can lead to complications for your divorce case.

What You Say Online Can Make or Break Your Divorce Case

Here are just a few examples of how seemingly benign social media posts can hurt your divorce case.

  • You are trying to get your spousal support (maintenance) payments lowered, yet you are posting pictures of your brand new SUV or expensive designer shoes on Facebook.
  • You reschedule your parenting time and spend the weekend partying at the beach and post the pictures online, demonstrating bad parenting.
  • You take date night selfies with your new SO before the divorce is final.
  • You list yourself as single and childless on Tinder while seeking child custody.

Contact Our Divorce Team for Social Media Tips

Social media is huge for divorce cases these days, and you should always assume that whatever you are putting online is being saved and printed by the other party in your case. Always take steps to safeguard your social media accounts, such as keeping your privacy settings strict and saving your divorce challenges for a therapist or close friend. Contact our divorce team for more information on how social media can affect your divorce.

Our Denver divorce attorneys use every resource available, including social media, to ensure you receive your equitable share of marital property.

What Is the Process of Serving My Spouse Divorce Papers?

When a divorce is in the works, one key element of the process is the service of divorce forms to your spouse. Service of process is an essential part of the legal system, because it informs all parties involved what is happening and gives everyone a chance to prepare for their day in court.

Once you have prepared your forms and filed with your courthouse, you will need to serve your spouse the divorce papers as soon as you can. Depending on whether or not your spouse has a lawyer, the process may be a little different.

Options When Serving Your Spouse with a Divorce Petition

  1. You can have your spouse sign a Waiver and Acceptance of Service form. These documents must be signed in the presence of a notary to be admitted in court.
  2. You can set up a personal service with another person. Some people do this by asking the local sheriff’s department to set up the service and some people use private process servers. You can also have a responsible person ”“ a friend or family member ”“ over the age of 18 serve your spouse. If you elect for the last option, you should make sure that the person has no involvement in your divorce proceedings. The person will then bring you a completed return of service form, which you will take to the court.
  3. If your spouse already has an attorney, the attorney may waive service for your spouse and will have to sign a Waiver of Acceptance of Service form and file it with the court.

Call an Experienced Dever Divorce Attorney

The process is usually straightforward. Any questions you have regarding the divorce process should be brought up with your divorce attorney.

I Want a Divorce ”“ But How Do I Tell My Spouse?

You try and try, but the words just can’t come out. It’s hard to say those four awful words: “I want a divorce.” Even if you want one so bad that it hurts, it can still be difficult to tell your spouse that it’s over. The words must come out, though ”“ so here’s how you do it.

  1. Timing is key. There is no point dragging out the process; it only prolongs the suffering. If you know that you want a divorce, be upfront with it as soon as you can bear it. Pick a time when you will be calm, unstressed and able to talk it over with your spouse.
  2. Be cordial, reasonable and direct. It is normal for emotions to go a little overboard during this time, but you must stay level-headed. Try not to blame your spouse or point out faults. Focus on yourself and your feelings ”“ “I” statements are always better than “you” statements.
  3. Be serious. Don’t use divorce as a tool to manipulate or threaten your spouse. That word can ruin a potentially savable marriage. If you are going to say it, be absolutely sure, and whatever you do, don’t say it during a fight or in front of the kids.
  4. If safety is a concern, have someone there with you. A public declaration of divorce might not be ideal, but could be necessary. A therapist is a good option as well. If a divorce is going to be contentious, you should also look into divorce mediation once you’ve decided that divorce is the only option.

Divorce Matters ”“ Denver Family Law Attorneys

Avoid These Mistakes during Divorce (Especially #3)

When navigating a divorce, there are countless wrong turns a person can make. After all, divorce is confusing, courtrooms are intimidating and legal forms are frustrating. But you need to keep a level head; don’t allow emotions or anxiety to overcome you, or you might fall victims to one of the following common divorce mistakes:

  • Trusting that your spouse will be a fair and cooperative party in the divorce. He may be a nice guy; she might be a nice girl. But divorce is a serious matter, so no matter how painful it is, you have to look out for yourself. Expect the worst, but hope for the best. If things go south, consider divorce mediation.
  • Not asking questions. Even if this isn’t your first divorce (it’s more common than you think; in fact, second and third marriages have a higher failure rate than first marriages) you should ask everything you can think of. Ask about your chances of acquiring the assets you desire, like the home or car. Ask about the child custody procedures we have in Colorado. When in doubt, ASK.
  • Letting emotions rule. Now more than ever, you must make careful, reasoned approaches. You’re frustrated. You’re annoyed. You’re angry and sad and maybe a little bit neurotic. That’s normal! But you have to take a step back, otherwise you run the risk of undermining your whole case.
  • Withholding information from your attorney. Your attorney needs to know everything there is to know about your case in order to effectively represent you. By hiding information, you’re only weakening your case.
  • Expecting the court to see things from your point of view. The bottom line is: the judge is his or her own person. Judges are tasked with examining both sides of a case and coming to a satisfactory and fair conclusion. Even if you think you are in the right, the judge may disagree ”“ thus, it is better to take a skeptical, balanced approach to your case. Keep your expectations reasonable.

Divorce Matters ”“ Denver Family Law Attorneys

Residency Requirements for Colorado Divorce

A common misconception is that a couple must get divorced in the same state they were married in. However, you can get divorced anywhere in the country, as long as you have residency there. In fact, most divorces are filed in the state the filing spouse resides in. While this is the most common scenario, it is also possible to move before filing for divorce and file in your new home!

What Are the Residency Requirements?

In Colorado, the divorce process requires that you meet residency requirements. Residency requirements vary state to state, with some states having more difficult requirements. Filing for divorce in a state where you do not meet the requirements will lead to rejection of your case. Colorado’s residency rules are fairly simple: in order to file for a dissolution of marriage, you must be a resident of the state for 90 days prior to filing for the divorce.

If You Don’t Meet Residency Requirements

If you find that you do not meet the residency requirements for a divorce filing, you have a few options:

  • You can establish residency in Colorado for 90 days. Just because you haven’t lived here for 90 days does not mean you have to wait to start getting the paperwork together. You can still hire an attorney and get to work! Your attorney will gather all the appropriate documents and wait the three months to file for divorce.
  • If your spouse fulfills residency requirements in Colorado, you can ask them to file for divorce.
  • If you have residency in another state, you can file for divorce there.
Contact Divorce Matters for Help

If you have any questions or concerns, please reach out to us at (720) 386-9176 or click here! One of our experienced attorneys would be happy to answer your questions.

Can Divorce Papers Be Served Through Social Media?

Here’s something you don’t see every day: a New York City judge has okayed a Brooklyn woman’s divorce filing to proceed through Facebook.

The woman’s husband vanished several years ago, and correspondence with him was only possible over the phone and through messaging on the social media platform. Because he was so difficult to get in touch with, the woman had issues serving him with divorce papers. Manhattan Supreme Court Judge Matthew Cooper ruled that Facebook was an acceptable venue to file the documents.

How Do I File for a Facebook Divorce?

This situation is a fairly unique one. Despite media headlines pointing to the new possibility of a Facebook divorce, you cannot serve divorce papers through social media except in certain extreme circumstances approved by a judge when all other options have been exhausted.

In most divorce processes, the spouse will enter a voluntary appearance after contact with the initiating spouse’s divorce attorney. If he or she does not enter a voluntary appearance, then the next step is to have the papers served personally by a sheriff or a process server.

In the event that the spouse cannot be found, as in the Brooklyn woman’s case, the court could potentially seek less common means of service, but to do so is exceedingly rare. It is much more common for the filing spouse to receive default judgment against the spouse evading service of process or who is completely out of contact. If a party cannot be served, the court will usually require a notice to be published in the local newspaper of where the evading party resides first before other extreme measures are taken.

In other words, the only reason this Facebook divorce was allowed through the system is because the only reliable method of communication with him was via Facebook.

If you are facing an evasive spouse, choosing a skilled divorce attorney could help you map out your options to get your divorce filed.

Divorce Matters ”“ Denver Family Law Attorneys

Source: https://gawker.com/if-you-live-in-new-york-you-can-probably-file-for-divor-1696077657