How to Prepare for an Ugly Divorce

Prepare before your marriage ends

Once divorce papers are filed, a rocky marriage can turn into an ugly divorce overnight. After years of marriage, you probably know your spouse better than anyone and can anticipate if your divorce is going to get ugly. Taking steps to gather important information about your finances, assets and children while maintaining accurate records of spousal misconduct before you visit an attorney will save you a lot of time and money during the divorce. Preparing for divorce before your soon-to-be-ex is served with divorce papers will help you protect you and your possessions.

Instructions

Research

1. Educate yourself about divorce laws. If possible, meet with a qualified divorce or family law attorney. If not, look up your state's divorce laws online or at your local library.

2. Obtain copies of all bank accounts, stock portfolios, 401K accounts, pension benefits and other financial information immediately. When divorce papers are filed, some spouses try to hide assets or remove money from accounts to make them appear less valuable.

3. Pay an assessor to determine the value of your property, such as your car and home. Also have a professional evaluate any business assets or professional degrees acquired during the marriage.

4. Buy a notebook or create a secure file on your computer that your spouse cannot see it, and record spousal misconduct and information concerning everything you do for your children, including dates and times.

5. Keep all the information you have gathered in a safe place, such as a safe deposit box, so you will be able to give copies to your attorney.

Tips & Warnings

• Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. If you live in one of these states, virtually all the assets and property acquired during your marriage will be divided equally between you and your spouse.

• The majority of states distribute marital property based on what a court decides. A court will take a variety of factors into account, such as the occupation of each spouse, the length of the marriage, custody arrangements and the standard of living the couple enjoyed while married.

• A court needs to have verification of the value and number of assets a couple has before it can decide how it should be divided.

References

• Fairmark Press: Community Property States
• Divorce Source: Distribution of Marital Property
• The Free Dictionary: Community Property