I am an Orange County, California Divorce Attorney and this article is a part of series that details the divorce process. When you subscribe to my newsletter which is linked below you will have access to all of my articles. This article is not intended as and should not be relied upon as legal advice or as the creation of an attorney-client relationship. Feel free to contact me at Jon@oc-familylawyers.com to arrange a free confidential consultation. Thank you for reading.
Divorce sometimes comes as a surprise in but more often than this result of a conflict that's been building up over a long period of time.
Regardless of how it happens, you must take these steps to protect your children, your finances, and yourself. And remember there is a right way and a wrong way. Follow these steps and you will protect your interests in a manner that is reasonable and fair.
Sadly, in divorce one spouse is often at a disadvantage and suffers detriment due to unequal bargaining power. If you follow these steps, however, you will not be disadvantaged. In a perfect world, you and your spouse would be able to workout all of your problems and reach a compromise in a reasonable fashion. Unfortunately, things often become adversarial. Follow the steps outlined below to protect your interests. Be aware, though, that you should make a good-faith effort to reach a compromise with your spouse before acting rashly.
To protect your children, if you have them, you must immediately: (1) : obtain a TRO; (2) not allow your spouse to take your children and leave; (3) not leave the family home; and (4) insist upon a 50-50 split for child custody. Get a temporary restraining order immediately. Make sure that specifically prevents your spouse for taking the children out of state. You do not want a multi-state custody battle. doing this also prevents number two above the TRO will prevent your spouse from leaving with the children. Third, do not move out of the family home because if you do this may seriously impair your ability to obtain custody.
However, if you have already moved out you should move back immediately. This may cause stressful living situation but you can attempt to defuse the situation by suggesting a time sharing agreement until custody and divorce issues are resolved. Fourth, you should not agree to settle for less than 50% custody. Your spouse does not have any greater rights to spend more time with your children and you. Furthermore, if you accept less time now you will be setting a precedent for the future. Make sure to insist upon a 50-50 split
Next, to protect your finances and yourself: Visit my site linked below to find out how to protect yourself and your finances. This article is contained in its entirety at my website and while you're there please sign up for my newsletter! Thank you. Very truly yours, Jon D. Alexander, Esq.
Divorce sometimes comes as a surprise in but more often than this result of a conflict that's been building up over a long period of time.
Regardless of how it happens, you must take these steps to protect your children, your finances, and yourself. And remember there is a right way and a wrong way. Follow these steps and you will protect your interests in a manner that is reasonable and fair.
Sadly, in divorce one spouse is often at a disadvantage and suffers detriment due to unequal bargaining power. If you follow these steps, however, you will not be disadvantaged. In a perfect world, you and your spouse would be able to workout all of your problems and reach a compromise in a reasonable fashion. Unfortunately, things often become adversarial. Follow the steps outlined below to protect your interests. Be aware, though, that you should make a good-faith effort to reach a compromise with your spouse before acting rashly.
To protect your children, if you have them, you must immediately: (1) : obtain a TRO; (2) not allow your spouse to take your children and leave; (3) not leave the family home; and (4) insist upon a 50-50 split for child custody. Get a temporary restraining order immediately. Make sure that specifically prevents your spouse for taking the children out of state. You do not want a multi-state custody battle. doing this also prevents number two above the TRO will prevent your spouse from leaving with the children. Third, do not move out of the family home because if you do this may seriously impair your ability to obtain custody.
However, if you have already moved out you should move back immediately. This may cause stressful living situation but you can attempt to defuse the situation by suggesting a time sharing agreement until custody and divorce issues are resolved. Fourth, you should not agree to settle for less than 50% custody. Your spouse does not have any greater rights to spend more time with your children and you. Furthermore, if you accept less time now you will be setting a precedent for the future. Make sure to insist upon a 50-50 split
Next, to protect your finances and yourself: Visit my site linked below to find out how to protect yourself and your finances. This article is contained in its entirety at my website and while you're there please sign up for my newsletter! Thank you. Very truly yours, Jon D. Alexander, Esq.
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