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 would highly recommend attorney Scott Hamblin. Mr. Hamblin was very easy to work with, explaining all my options as the case progressed. He took into consideration my priorities, what was most important to me, and skillfully negotiated them into an ideal settlement agreement. And his legal assistant, Madasyn, is such a delight to interact with.
Scott was honest, he was straightforward, and the best of all he was good at what he does. He's very knowledgeable and practices his craft well. I had a 10/10 experience with Scott and will trust no other attorney to handle my case.
Scott Hamblin is a great attorney. Between Scott and his legal assistant Madasyn, I felt like all my questions were answered promptly and thoroughly. Scott is very knowledgeable and was very well prepared for trial. I would recommend Scott to anyone needing an attorney.
Can't say enough good things about Mr. Hamblin and his team. They're responsive, treat your case like it's their own, and are personable as can be. Court can be daunting, but they are there to help you through every step of the tough process. Madasyn is part of this team and deserves to be recognized too, as she was friendly and encouraging from beginning to end. They handle it all with ease and you won't regret coming to them for help and advice along your journey.
10/10 recommend Mr. Scott Hamblin. Mr. Hamblin and his legal assistant Madasyn have been wonderful throughout my whole case and very prompt, and helpful the whole time. He was very thorough and left nothing missed during my whole case. Questions were answered quickly throughout the process whether through email, phone or in person. As well as the whole process was explained step by step. I highly recommend Mr Hamblin for any family law matters! I couldn’t of asked for better representation for my case.
I came across Scott Hamblin on the internet and read his bio and was very impressed. I have not been disappointed with his knowledge and understanding. If you are in need of a great lawyer, this is the call to make. You will not regret hiring him. Thank you, Scott.
Scott recently provided outstanding representation for my divorce. He was well-prepared throughout the course of the litigation and trial, resulting in a very favorable outcome for me. Scott is a very bright attorney who takes pride in his work, and it shows. He is truly in a league of his own.
Scott is a phenomenal attorney, no sugar-coating straightforward and to the point. As an older man I found myself in a custody case, and had little hope of any outcomes in my favor. This guy knows his law and his business, and is about it. His personality is soothing and his office is always on point. To say I’m ecstatic with his ability is an understatement.
Scott is the best attorney, hands down! My husband had a fairly difficult case, he had little hope that he’d be able to receive anything he was asking for and Scott helped him achieve everything, very quickly. He’s very professional, compassionate and understanding and works hard to help you achieve the best possible outcome. We are very thankful.
Scott came highly recommended by an attorney friend of mine after I received an unfavorable outcome working with a different lawyer in the area. Scott was smart, pleasant to work with, and achieved the best possible outcome for me. I only wish I would have used him sooner.
For accessible and experienced representation, contact attorney Scott Hamblin today.