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How to Avoid 6 Divorce Traps

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By Linda T. French Attorney at Law
User-Submitted Article
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Watch out!  Divorce Traps Ahead!
Watch out! Divorce Traps Ahead!

Save time and money:Don't fall into these 6 divorce traps.

Difficulty: Moderately Easy
Instructions
  1. Step 1

    Trap #1: You have an attorney, but your spouse does not. Your spouse keeps calling your attorney and you are charged for the calls.

    Solution: See if your attorney will agree to stop formally representing you, but continue to help you as your "divorce coach". In California, this is called Limited Scope Representation. You will then represent yourself and your spouse can no longer call your attorney.

  2. Step 2

    Trap #2: You each have divorce attorneys, but your attorney charges you three hours to write up a settlement agreement and it goes on your bill.

    Solution: As part of the settlement talks, try to get an agreement that each of you will pay for 1/2 of the cost of preparing the agreement and reviewing the agreement.

    Trap #3: You each have your own divorce attorneys and you only speak to each other through your attorneys. This means both iof you are paying lots and lots of attorney's fees.

    Solution: At the start of the divorce, agree to avoid these extra attorneys' fees by keeping the lines of communication open. Let your attorneys know that you are speaking to each other and are working on a joint settlement.

  3. Step 3

    Trap #4: You forget to consider the tax consequences of any divorce decision.

    Solution: Some divorce decisions will result in paying taxes or getting a tax deduction. Spousal support (alimony) is just one of these. Make sure that you understand these rules before you act.

    Trap #5: Because you feel so pressured or guilty, you consider signing an unfair agreement.

    Solution: Don't do it! Divorce decisions will affect you for the rest of your life, you need to take all the time you need. It's your financial future at stake.

    Trap #6: You pay extra attorney's fees because you do not prepare for a settlement meeting.

    Solution: Do not have a settlement meeting unless:

    1. You both have full knowledge of all the assets and debts and income and expenses.
    2. You both have copies of all the divorce documents.
    3. You both know what issues have been decided and what issues need to be decided.
    4. Each of you has discussed what a fair settlement would be with your respective attorneys.
    5. You and your attorney have worked out an agenda that has been given to the other side before the meeting.
    6. You and your attorney have worked out a code so that you can silently communicate when a break is needed or when the attorney wants YOU to stop talking!

    You will save time and money by avoiding these traps and your divorce experience will be much better!

Tips & Warnings
  • If your spouse has been divorced before, chances are that they will handle your divorce the same way they handled their previous divorce!
  • This article is not a substitute for the legal advice of an attorney licensed to practice in your state. If you require legal advice, please seek the services of a competent family law attorney in your area.

Comments  

cincin1 said

Flag This Comment

on 9/3/2009 Oh boy, what a learning experience. I need you around when I got divorced. Good article, very helpful. 5*

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