Preparing for Divorce: Finances, Kids, and Protecting Your Interests

There comes a point when you must admit your marriage is over.  You’ve tried everything from marriage counseling, personal therapy, and maybe even living apart.

But before you take the plunge, the best attorneys advise that you will fare much better if you prepare. It may seem heartless, but if you plan on getting divorced, or if you think your spouse may want one from you, there are some matters you should take care of first.  Addressing these issues before your partner even realizes you are ready to get divorced and you will be ahead of the game during the legal negotiations that will occur sooner than you think.

We know that the notion of a pending divorce”“even one not yet broached with your spouse”“can send you into a tailspin. The mere thought of getting divorced can cause a range of emotions, including relief, fear, disappointment, excitement, and dread.  But no matter what you feel, you must push these emotions aside and take some practical and strategic steps before anyone else gets the ball rolling:

1. Hire a lawyer that practices in the Denver Metro area.  Unless you have been married for only a short time, or you have no property or children, hire a lawyer. Even if you and your spouse have “worked everything out,” or have chosen a mediator, your personal family attorney may tell you about rights you did not know you had.  Remember, you do not need an F. Lee Bailey, but you should find someone who has handled divorces before, someone you can afford, and someone with whom you feel comfortable. Word of mouth is usually a good way to locate attorneys, but do not go by recommendations alone. Meet a few lawyers before making up your mind. This will help you learn about the differences in legal style between lawyers and help you find one that is good for you.

2. Learn your spouse’s annual income. Do they have a salaried position, or is paid by the hour, the information should be on a recent pay stub. If you cannot get one, last year’s tax return should help.  If your spouse is self-employed, a tax return may not tell you the full story.  Do a little detective work. Does your spouse have a partner? Are you friendly with the partner’s spouse? They may know about the business and be willing to share what they know about it.  Is someone else in the partnership divorced? That partner’s former spouse might be willing and able to help you.

3. Realistically assess what you can earn. Have you been out of the job market for a while? Perhaps you need some time to get your skills up to speed before taking the plunge. Has business been off lately? Keep a record of that now, so no one later accuses you of deliberately reducing your income to negotiate a more favorable settlement.

4. Learn everything there is to know about your family’s financial assets and liabilities.  You will only be able to share in assets you know about, so you must find out exactly what the two of you have. For most, that’s probably easy. There’s a house (owned by the bank), a car (still owned by the dealer), a pension (not yet vested), and a little bit of savings. But for some, property ownership is more complicated. In some cases, one spouse’s business is a marital asset to be valued, and a judge can distribute its value. The same may go for a ski house or condominium, even if inherited during the marriage.

5. Realistically assess your family’s debt. Often, the allocation of debt is harder to prove or negotiate than the division of assets. What debts do you have? Credit card, personal loans, bank loans, car loans? How much does it cost to pay these debts each month?

6. Make photocopies of every family financial record you can find. Canceled checks, bank statements, tax returns, life insurance polices”“if it is there, copy it.  You may never need this information, but if you do, it is good to have.

7. Make a list of your family’s valuables. Inventory your safety deposit box or family safe and take photographs of the contents. Do the same with jewelry or any furniture, paintings, or other items of value. You needn’t list every worn out piece of furniture, but anything with a value of more than $250, or that has value to you, or your spouse, should be included.

8. Learn how much it costs to run your household now. Whether you plan to stay in the home or leave, unless you know what the monthly costs are, you will not be able to determine how much money you need. If you’re the one who pays the monthly bills, your job is easy. If you are not, look through a checkbook to find the expenses”“how much is the monthly rent or mortgage; utilities, including electricity, heat, and phone; and maintenance costs such as snow removal, yard care, and annual maintenance for the house.  One woman we know, a well-educated profession, who had a full-time career, did not know the first thing about the family’s monthly expenses because her husband’s business secretary made out the checks and paid the bills from the office. She was embarrassed to confess her “ignorance,” but she is not alone.

9. Determine where you will live following separation. If you’re the spouse who plans to move out, decide where you are going to live and figure out how much it will cost you on a month-by-month basis beforehand. This will make your case much more difficult to settle.  Consider what it will cost to move and calculate start-up expenses, including telephone installation and turning on electricity and cable.

10. Save money, if at all possible. One unemployed wife of successful business owner wanted a divorce immediately. Her divorce lawyer, however, convinced her to be patient.  He advised her that it would be better to wait a year before filing for divorce.  During that time, she was instructed to save enough money, hopefully, to move out and pay for her expenses on her own.  It was not easy, but the wife saved enough to move out a year later.  After she was settled in her own apartment, her lawyer then went to court and got the judge to order her husband to pay her monthly rent until the divorce was finalized.  If the wife had not moved out, the judge could not have directed the husband to pay her rent because she wouldn’t have had any rent to pay.  Instead, she might have been stuck in the house, with her husband, until the divorce was final or forced to spend her meager savings on rent; and that could have taken far more than a year. (While most Judges will address the non-working spouse temporary support, you cannot count getting temporary maintenance or the amount of the maintenance.)

11. Build up your own credit. If you don’t have credit cards in your own name, apply for them now. You may be able to get them now, based on your spouse’s income, and you will probably need credit later. Use the cards instead of cash and pay the bill by the due date.

12. Stay involved or increase your involvement with your children. First, this is important for your children because they will need all the support and reassurance they can get during the unsteady and hectic times ahead.   Plus, courts consider the depth and quality of your relationship when making custody and visitation decisions.  Therefore, more involvement now could translate to continued involvement, at a higher level, after the divorce, as well as the custody agreement you want and is best for your children.  Take a look at your own behavior.  Have you been so busy earning a living that you have let your spouse do the majority of work raising your children?  If so, now is the time to reallocate your priorities. If you have school-age children, help them get ready for school in the morning, help them with homework at night, and help get them to bed. Learn who their teachers are, who their doctors are, and their friends. If your children are not yet in school, spend as much time with them as you can before and after work. Even if you do not have much of a chance in getting custody, you will become a better parent and have a better relationship with your children.  Take heed from a much-publicized custody battle involving a famous film director and his former partner.  The father’s case for joint custody was severely weakened when the judge learned he did not know the names of his children’s pets or teachers, or their shoe sizes. Although many parents may not know their child’s shoe size, the Mother’s lawyer made a big deal out of it.

13. Withdrawing money from the bank. If you fear your request for divorce will send your spouse straight to the bank, withdraw half of the money in all your savings accounts first. Place the money in a new account, and keep it there until you and your spouse can work out the distribution of property. Do not spend the money if at all possible. If the money is in a checking account and you know the account is nearly emptied every month to pay bills, do not withdraw any part of that money. You will create financial mayhem if checks bounce.

14. Consider canceling charge cards. If you are the party responsible for paying credit card bills, consider canceling your accounts”“or at least reducing the spending limit.  Often times, the announcement of a divorce causes one party to go on a shopping spree.

If you have additional questions, contact Divorce Matters, and arrange to meet with an experienced denver divorce attorney.  Divorce Matters helps clients throughout the Metro Denver area get the best results possible in their divorce and child custody matters.

 

How to Choose the Right Denver Divorce Lawyer

Finding the right Denver lawyer to handle your divorce can seem like a daunting task. You need to find a divorce attorney that is focused on you and your rights, and has the necessary experience to handle your claim. You need an attorney that has the same goals as you ”“ the last thing you want to do is argue with the person who is supposed to be representing your best interests! At Divorce Matters, we make it a priority to aggressively protect our client’s interests while keeping their individual needs in mind.

There are many Denver divorce lawyers. The right attorney will have the ability to work towards resolution, yet have the knowledge, experience and skills necessary to litigate the issues in front of a judge should the need arise. At Divorce Matters, we pride ourselves on our knowledgeable and experienced attorneys, each of whom intimately understands the maze that is the Colorado court system.

You also need an attentive attorney who will keep you informed and ensure that you play an active role in your divorce; someone who will work with you to resolve your legal matter in the best way possible. After all, no one will know your case and needs better than you. What is important to you? Protecting your assets? Spending as much time as possible with your children? Maintaining a positive, on-going relationship with your soon-to-be ex-spouse? The right attorney should ask what you find most important and should help you understand how you can assert and protect your rights. While it may seem like a challenge, keeping these things in mind will help you in find the right Denver divorce lawyer to help you.

Filing for Divorce: Recognizing the Final Straw

After being married for 77 years, 99-year-old Antonio learned that his 96-year-old wife, Rosa, had cheated on him in the 1940s. She admitted to the affair, but the two were unable to reconcile their differences, and Antonio filed for a divorce.

Was the 60-year old affair a complete deal breaker in an otherwise happy marriage? Or was it simply the final straw that broke the camel’s back?

The couple had, in fact, separated for a time earlier in their relationship and had experienced marital problems. Finding out about his wife’s affair was just the impetus Antonio needed to take action.

This is far from unusual in divorce cases. Couples who come to speak with us about getting a divorce may point to one reason for the decision””maybe infidelity or financial problems””but often that one incident comes after many other symptoms or problem signs.

Sometimes, recognizing or seeing the signs can be a challenge. How can you tell the difference between run-of-the-mill bickering and a significant problem? Below, we have pulled together a few signs that your marriage may be in trouble:

  • You never talk anymore. Or maybe you talk, but you do not seem to have the long, significant conversations that you once did. Maybe you feel like you have run out of things to say or that you’re just not interested in hearing about your spouse’s lousy day at work. Regardless, communication breakdowns are often one of the first signs of deeper problems.
  • You look for opportunities to spend time apart. It is one thing to have an occasional girls’ or guys’ night out or to seek some alone time, but when you are actively avoiding your spouse’s presence often, you may have a problem. It may not even be going out. You may be avoiding your spouse when you’re in the same room. TV, reading, surfing the web””whatever your escape is, if you would rather do that than talk to your spouse, there may be cracks in the relationship.
  • You find yourself arguing more and more about insignificant things. Divorce is not always triggered by huge fights. Sometimes it is smaller fights””even about seemingly unimportant topics””that add up. This is especially true when it seems like you are always fighting about the same thing. Sometimes it may feel that you bicker and argue more often than you enjoy each other’s presence.
  • You have lost that loving feeling. Intimacy is an important part of marriage, whether it is physical or emotional. Couples whose relationships are struggling often have a hard time with both. An increasing gulf and reduced interest in intimate connection between you and your spouse may be an earlier warning sign.
  • You or your spouse is hyper-critical or hyper-sensitive. As a couple grows apart, they may find themselves being easily irritated or easily hurt by the smallest things. Some people who come to talk with us complain that they feel like they can do no right anymore. Others complain that their spouse is constantly criticizing them.

Conclusion

These are just a few of the early warning signs that all is not as it should be in your marriage. Though every couple is different, we hear story after story of marital problems that started off small and grew to be enormous. If you are starting to see cracks in your marriage, counseling and therapy can be relationship-savers, if you get there before the problems become too big. Do not ignore the early warning signs. If you really want to save your marriage and avoid divorce court, find a therapist and start working on the small issues now. Divorce, more often than not, stems from the little things that build up. The big incidents, like Rosa’s decades-old affair, just tip the scale.

Five Things to Consider Before Filing for Divorce

Usually, by the time a potential client enters our office, he or she has already made the decision to file for a divorce. However, sometimes people do come in to weigh their options, and find out about the process of divorce, because they have not yet made up their minds. They may be seriously considering divorce as an option but have questions about the process, what they can expect, and what they should do to prepare themselves””and often their children””if they should choose to proceed.

With this in mind, this week’s blog post is a bit of a departure. Rather than writing for those who are divorced, this post is aimed at those who are struggling with what is often a protracted and painful choice: whether to file for a divorce.

We are not therapists, and we do not provide relationship advice. But what we can offer are a few things you should seriously consider before filing for a divorce””whether you choose to do so on your own, or with the guidance of an experienced family law attorney.

  • Recognize your biggest concerns. Every divorce begins with warning signs. Whether you are considering divorce because of infidelity, money woes, or other issues in the relationship that have become untenable, the full scope of your concerns (and possibly challenges) may or may not be readily recognizable. If you are unhappy in your marriage, do your best to identify the root problem and corollary trouble spots. Knowing your concerns will make it that much easier to work through them and address your emotional and psychological needs during the divorce process.
  • Act now. If you are worried about your marriage, and you think you want to work out your problems, act quickly. Once serious thoughts about divorce begin, negative emotions associated with your marriage ””anger, bitterness, distrust””have often taken deep root. The longer you connect these negative feelings to your marriage””and, often, your spouse””the harder it will be to move past them and on to a healthier relationship if staying together is the optimal course.
  • Speak to a counselor. Before they initiate a divorce, many couples find that speaking with a counselor or therapist, either together or apart, is highly beneficial. In many cases, couples therapy is desirable, but if that is not an option, see one on your own. Talk through your hot button issues with a neutral third party. These are safe spaces to express concerns and uncover some of the underlying issues that may be at work.
  • Be ready for hard work. As you and every other individual in a long-term relationship knows all too well, no relationship is easy. Marriage can be one of the most  important and challenging relationships, given how it is woven through every fiber of your life from finances, parenting, work, extended family relationships, to day-to-day living. If your mind is not made up, be prepared to put some time and work into your relationship to fix any problems you may be having.
  • Make an appointment with a Denver divorce attorney. If, after making an attempt to resolve the issues in your marriage, you are still unhappy or are still having problems, speak with a divorce attorney. Make sure you are fully informed and understand the process, the timeframe, and what you can expect to happen during your divorce. Divorce law is complicated, and an attorney can give you a better picture of what you may be looking at in terms of time, expense, and most importantly, outcome.  There are so many things that happen in a divorce, and decisions made will impact your family’s life significantly.  An experienced attorney can help you see the road ahead so you can navigate it easier, with fewer surprises, as you move down it.

Conclusion

For every couple who will divorce, there is one who will not.  Divorce is not the right solution for everyone experiencing turmoil or deep difficulties in their relationship. Before you make a decision one way or the other””to work hard and stay together, or to go your separate (but often forever intertwined) ways””give yourself the gift of time to fully consider the options.  Talk to experts in family therapy and relationships, and meet with a family law attorney who can help you take proactive steps, regardless of your final decision and its outcome.

Six Questions to Ask When Choosing a Divorce Attorney

Recently, Frank and Jamie McCourt, owners of the Los Angeles Dodgers, reached a mutually agreeable divorce”¦with Jamie getting a settlement of $131 million in exchange for the rights to the Dodgers. Frank McCourt now faces bankruptcy, and may have to sell the team.  Shared finances, joint property, and joint debt:  while the dollar amounts may be a bit different, the issues Frank and Jamie faced, and will continue to face, are echoed in virtually every divorce in every part of the country. With all these financial (and reputational) assets in play, both of the McCourts had divorce attorneys who were hand-selected and carefully chosen to meet each of their very specific needs. And, of course, no legal expense was spared.

While every divorce is painful, most of us do not have the same level of assets and the financial ability, or willingness, to fight to the bitter end.  Further, it should not be necessary. Every divorce is difficult and every divorce brings out the worst side of a person whom we once could not live without. Every divorce is full of grief, anger, and the full range of emotions you can imagine.  Perhaps the biggest difficulty of divorce is accepting that things will change in your family’s life.  It is impossible for a couple to divorce and have everything to stay the same.

Often, emotions get the best of us in the divorce process. Some of us have a flight mentality, meaning we just want to fold our tents and get out as quickly as possible with as little emotional damage. Others want to fight for everything, down to the dog bowls and the everyday silverware. However, neither of these options has to happen, either.  Most importantly, you don’t have to bankrupt yourself to emerge from the process with your best interests protected.

Many people avoid hiring a lawyer for fear of just one more cost in an already costly process. But divorce attorneys are often a key to saving yourself money, protecting your present interests, preserving your future ones, as well as helping your family to find the best solutions to the inevitable disagreements that arise during a divorce.

Like the McCourts, you can, and should, have an attorney who can specifically meet your individual needs, if it is in your best interests and personal situation to have counsel.

Below are six questions to ask when meeting with a divorce attorney for the first time:

  1. Does the attorney specialize in divorce law? Attorneys who focus on divorce law know it inside and out and can anticipate pitfalls before they happen. They understand the nuances of family court and negotiating through what can be volatile situations. They should have experience with local family judges and magistrates (make sure and ask) and will know a great deal about those judges and how they will react to particular elements of your divorce proceeding.
  2. What are the attorney’s priorities? Your divorce is not about their priorities; it is about yours. Is he or she all about winning the most money? Protecting the children? Standing up to the demands of the opposing party? Your attorney’s priorities should align with yours as they set about handling your case. Most importantly, your attorney must be willing to understand your priorities and give you the best advice given the particulars of your case and situation. Critically, that advice will not always be what you want to hear, either.
  3. Is the attorney willing to call in outside expertise? In some divorce cases, finances or parenting situations can be highly charged. Is your attorney willing to call in a CPA or a valuation expert to value the family business? Does your attorney have therapists to recommend if your child is struggling with the divorce? Has your attorney worked with Child Family Investigators or Parental Responsibility Evaluators?
  4. How much does the attorney charge? Attorney costs are often one of the things feared most as people initiate divorce proceedings. Do not be afraid to ask about fees. How do they bill? Based on your case and finances, what alternative arrangements can they offer? Can they assist you in a do-it-yourself divorce for a smaller fee set in advance? Good attorneys offer no surprises when it comes to money. Ask questions about how and what this will cost? Feel free to ask what it might cost if you go it alone.
  5. Does the attorney come recommended? Can you speak with past clients or read client reviews somewhere? Is your attorney recognized by his or her peers in law directories for their good performance? Have they been disciplined by the state bar, and what were they disciplined for?  Do not shy away from asking for the names of past clients to talk with to understand their experiences first-hand.
  6. Do you trust the attorney? Attorney-client trust is vital to the success of your case. How do you feel about the attorney you are meeting? Is he or she friendly and approachable? Did you have a good rapport or did you feel awkward and uncomfortable? Remember, you will have to hear things you might not like during a divorce case. Does he or she seem like someone who will give you a straight answer, even if it is unpopular?

Conclusion

Choosing the right attorney is one of the most important decisions you will make during your divorce. These questions will hopefully help you evaluate your options, so you can choose a divorce attorney who will always have your best interests in mind.