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Getting Started With Divorce

A divorce is a major undertaking.  Just as with any major undertaking, you should prepare beforehand.  Assuming you are preparing to initiate a divorce or know in your heart a divorce is imminent, here are the first steps you should take before the formal legal process begins:

  1. Save up liquid funds.  You will need to save money to hire a lawyer, plus if you move out of the marital home you will need money for security and first month’s rent (not to mention furniture and other related expenses).

  2. Retain a good divorce lawyer.  If you have an electrical problem, you call an electrician.  If you do not, you might get electrocuted.  If you have a problem with your car, you call a mechanic.  Otherwise, you might end-up stranded in the middle of rush hour.  Likewise, as a divorce action arises, you should hire a skilled divorce lawyer – a professional who is trained to understand the process, know the obstacles and guide you smoothly through the divorce process.

  3. Evaluate joint bank accounts and credit card debt.  If your spouse takes all the money in your bank account (leaving you with no cash), this could turn into a problem.  In situations with joint accounts, you have three options:  first, you could do nothing.  The problem with this is that your spouse may take all the money and leave you in a real bind.  While the ultimate division of the marital estate would likely attribute these moneys toward your spouse’s side of the ledger, the temporary lack of funds can add to what will already be a lot of stress.  The second alternative would be to clean out the entire account and open a separate account for yourself.  In this scenario, you may be providing yourself with a reserve fund of cash, but it will make you look bad.  A final alternative would be to take half the money in the bank account and put it in a separate bank account for yourself.  Regardless of which you choose to do, you’ll need to consider each issue carefully.

As it relates to the credit cards, beware that if your spouse goes on a spending spree, you could be liable for part or all of the money that they spend.  Protect yourself by canceling all joint lines of credit, joint credit cards and other joint liabilities.

  1. Gather and organize all financial records and put them in a safe place.  This includes making an inventory of valuables such as jewelry, artwork and any safe deposit inventory.  You should also gather the necessary documents you’ll need for your attorney and for mandatory discovery.

Once the pleadings are filed and your case is well under way, you need to take the time to learn about the court process.  You should also learn about children and divorce and how to deal with the emotions of divorce.

In the beginning stages of a divorce, it would also make sense to involve a CPA.  Tax consequences and property tracing can have a substantial effect on the property awarded to you in your Massachusetts divorce.  Contact our Boston Divorce Attorneys for a recommendation if you do not have a professional which you are acquainted with in your area.

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