If you’re seriously thinking about a divorce, it’s time to begin planning for a divorce. But, where do you begin? There following are steps that you should take in planning for a divorce:
One of the first things you should do is to find the best divorce lawyer that you can afford. You can ask friends for recommendations or you can do your own online research. You will want to find a lawyer who has years of experience handling divorce cases. Experience is not something that can be learned in a classroom or read in a book or online. If your divorce case proceeds to trial, you want the lawyer who has trial experience.
Meet with that lawyer. Prepare for the meeting by writing out questions that you would like answered. A knowledgeable and experienced divorce lawyer will be able to answer your questions. The answers to your questions will depend on the information you provide to a lawyer. Make sure that you are knowledgeable about your marriage and your finances.
Obtain as much financial information as possible. Your attorney will want the financial information if not all of it is used in court. If you don’t feel comfortable taking all the documents from the house, then make a copy. It’s helpful if you can provide your attorney with the following documents:
and attachments). If you or your spouse has a business, provide a copy of the
business returns.
you own;
Your attorney can likely obtain this information if you don’t have it. But the lawyer won’t be able to obtain the information until after the divorce is filed.
Many people expect to have the same lifestyle after a divorce than they had before the divorce. That’s not realistic for everyone. Most people who go through a divorce are transitioning from a two-income household to a single-income household. How are you going to afford to live after the divorce? Or how are you going to afford to live while you are going through the divorce process? What do you plan to do with the house after the divorce? Can you afford to pay the mortgage, the utilities, and taxes? If not, where do you plan to live and what can you afford? You need to prepare a post-divorce budget. Calculate how much money you bring home each pay period. Create a listing of your monthly expenses. You will need to determine what you can afford and where you may need to make changes.
If you stayed home during the marriage and your spouse worked, it’s time to establish some credit of your own. It’s hard to borrow money after a divorce if you have no income and no credit. You can open credits cards while you are married. This does not mean you should charge every single purchase on your new credit card, but it’s easier to obtain credit while you are married than after a divorce.
Many spouses have joint accounts. Any spouse on a joint account can withdraw money at any time and any amount. Some spouses may withdraw all the money from the joint account resulting in bank charges for having insufficient funds. You will also want to protect yourself by opening a bank account in your own name. Have your payroll checks deposited into the bank account in your name alone. If you are the sole wage earner because your spouse is a stay-at-home parent, or if your spouse is disabled, then make arrangements so that your spouse has money. Closing a bank account does not mean that you necessarily want to cut off your dependent spouse entirely. Leaving your dependent spouse without any money won’t sit well with a judge.
Whether you choose to move out of the house or not depends on your particular circumstances. You may need to leave the house if it’s necessary to protect yourself from abuse. But you should consult your lawyer before you move out. There are pros and cons to moving out of the house. Don’t move out of the house if you plan to stay in the house after the divorce. Your attorney may not be able to persuade a judge to award you the house if you move out. Also, once you move out, it may be difficult to get back in. It might take a court order just for you to get the rest of your belongings.
You need to consider whether to move if you have children. It’s one thing to move if you are staying in the same school district where your children currently attend school. But if you are moving to an entirely different school district, your move may cause problems for you in attempting to spend time with your kids during the school year. Kids can only attend one school at a time.
Do not say or do anything that you would later be ashamed or embarrassed for a stranger to hear. That stranger will likely be the judge in your divorce. Absent a divorce agreement, the judge will decide the outcome of your divorce, not you and not your lawyer. The judge will decide if and when you see your children, what assets you receive, what debt you will pay, whether you will pay your spouse money, and whether you will pay for your spouse’s attorney fees. The last thing you want to do is engage in behavior or make statements that will later be used against you. Your lawyer cannot erase the things you say and the things you do.
You always want to document if your spouse is engaging in behavior or making statements that you believe are inappropriate or profane. Consult with your divorce lawyer. Your divorce lawyer will have suggestions about how to best preserve this type of evidence.
Scott Hamblin is an experienced trial lawyer practicing in the area of divorce and family law. His office is located in Jefferson City, Missouri. You may contact Scott for more information regarding your divorce situation.
A Jefferson City man faced DUI charges following a field sobriety test. Charges against the defendant were dropped after Scott successfully maintained the client’s claims that the test results were inaccurate. While the client initially appeared to be in a difficult situation, Scott was able to push investigators to determine the sobriety test results as invalid, so the charges were dismissed.
A mother was seeking sole custody of her children following a divorce. The father refused to cooperate, leaving the client in a difficult situation as she felt as though her children didn’t have a voice. Scott recognized her need for an advocate and carefully listened to the children’s wishes, which conclusively helped the client achieve sole custody of her children and protected their best interests.
A client from Fulton was accused of drug possession as a result of a home search. While drug charges may potentially be filed as a Class C felony involving severe consequences, Scott was able to help the client receive a reduced sentence. Ultimately, the client faced significantly smaller penalties compared to the initial charges.
Scott assisted a defendant in a particularly challenging divorce case in which the other spouse was not cooperating. Scott was able to help the client avoid court through an aggressive legal approach to resolve all outstanding disagreements while maintaining the client’s long-term needs.
One client sought legal assistance after an altercation with another individual in Jefferson City. The client was arrested on assault charges despite allegedly not starting the fight. Since an arrest can lead to life-altering penalties such as being terminated from employment and serving jail time, Scott was able to build a solid legal defense in the client’s favor and argued in favor of the client’s innocence.
A grandparent sought visitation rights to his grandchild after the parent tried to block him. Scott takes grandparents’ rights very seriously, and so he devised a strategy to help the grandparent set a visitation schedule. Scott developed a strategy to show that the child’s best interests were fulfilled through the grandparent’s ability to visit the child, helping push the case towards a resolution in the client’s favor.
Scott assisted a client who was injured in a car accident due to another driver’s negligence. The defendant claimed that the opposing party using their phone at the time of the crash, and Scott emphasized this claim to show that the other driver was at fault for the client’s injuries. The case concluded with the client receiving the necessary compensation for medical bills following a long hospital stay due to injuries.
I cannot say enough good things about Scott Hamblin and his team. From the beginning, Scott was extremely organized, thorough, and realistic. He was always honest with me about my options and what to expect, and he never made promises he couldn't guarantee. At the same time, he was confident, strategic, and fully prepared. Going into trial, I knew we had challenges. It was clear the guardian ad litem's position was biased and not favorable to me, and at times, it felt like the odds were stacked against me. However, Scott's preparation, command of the facts, and ability to clearly…
If you are looking for an attorney who always strives to win, Scott is your number one choice. He is here for you and is there to win the case. I believe he has the best of intentions to do the job he is hired for every time. Best of all, he takes pride in his work!! If you are reading this, there is no need to look any further.
Going to court is, without a doubt, the scariest and my stressful thing that I have ever done. All the legalities and unknowns are all you can think about, and having a good attorney to ease some of those worries is essential. From the first day we met Mr. Hamblin, he has been kind, understanding, and patient with us. He was great at listening and giving us options. Also, when needed, he communicated when we were being unreasonable. Honestly, we have all been a little unreasonable when frustrated, but I was glad he communicated that before we went to court.…
This is where I found myself about a year ago – reading Scott Hamblin’s Google reviews and wondering who I should turn to for help. My ex-wife (a former family law attorney) was trying to relocate our two children out of state. I’m not an attorney. I didn’t yet live in Cole County. I read Scott’s bio and his reviews and decided to take a chance. It was one of the best decisions I made during the most difficult year of my life. Scott is a trial attorney, and he is a pro. He set clear expectations about the case,…
When first starting out I wasn't sure who could handle my situation I was in I did some research on Google and found Scott Hamblin and read the reviews I ended up hiring Scott Hamblin and I was in a situation where the Mom was making really bad allegations and alienating me from my Child but in the end Scott Hamblin was a great lawyer he did his job extremely well and was able to get my son back to me I definitely would recommend him to anyone that is in need with any kind of legal or family case.
Attorney Hamblin is extremely professional, kind, and caring. We hired him for a family law case. We won!! He was prepared for the case and did an excellent job. I would highly recommend him. I trust him so much that I’m planning to have him help us with our will next. I deeply appreciate how hard he worked for us.
I was going through a contested divorce case and custody battle. When I hired Scott I felt my world was crashing around me. Scott jumped in and handled the case very professionally and to the point. He argued the facts and made sure that my rights was not violated. I am happy to report that I have my children with me now and could not be happier. Thank you Scott for fighting for me. If I ever need an attorney again, Scott Hamblin will be the one that I am going to call.
I hired Scott in the middle of my 2 yearlong custody modification case. After discussing with Scott about how I felt I did not have an aggressive enough lawyer with my first lawyer for the case, I was fighting against ex-husband, Scott gladly took the case. Scott and Madysn were extremely responsive with questions that I had and, helped me along the way to make the best decisions for my case with my financial situation in mind. Scott left no rock unturned in the trial and was extremely prepared for the case. After a long 2 days' worth of trial,…
Scott was knowledgeable and efficient, expertly guiding us through the process. He took the time to explain every step clearly and made sure we felt informed and confident in our decisions. Beyond his professionalism and attention to detail, Scott was also incredibly kind and personable, which made working with him a genuinely positive experience. His responsiveness and approachable demeanor helped put us at ease throughout. I would highly recommend Scott to anyone in need of legal services.
Scott and his office were so helpful, thorough and professional during a very adversarial divorce. He offers good solid advice. He does not pursue options which will more than likely not yield a good result ( unless the client insists). He strives to give his clients the best results for their money. He's personable but professional. He answers inquiries quickly and clearly. Highly recommend!
For accessible and experienced representation, contact attorney Scott Hamblin today.
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