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How Can I Plan Ahead To Leave My Spouse And File For Divorce?


If it looks like a divorce or legal separation will soon be filed, you need to first figure out where you want to live. If you both want to live in the marital home, you’ll need to know that because it is going to be a point of argument. You also want to find out what your monthly expenses are and what your new expected monthly living expenses would be. If you haven’t come to any type of pre-agreement on those issues, you’ll want to see an attorney sooner, rather than later, to discuss that and start planning. There are affidavits that need to be prepared. Your attorney will need to see documentation about your monthly expenses and will need to know if custody is going to be an issue. You need to have an idea what you want to accomplish, once the two of you are living separately.

If I See A Financial Advisor Prior To Filing For Divorce, What Benefit Would It Give Me?

Visiting your financial advisor is not required for a divorce but it is not a bad idea, especially if you have assets such as large savings accounts, a 401(k), or any type of retirement account. You can visit your advisor to get the latest statements for value and find out if any of them have any tax consequences, if you need to access those funds.

Should I Contact A Lawyer Before I Even File For A Divorce Or I Suspect My Spouse Is Going To File?

I would advise anyone who has reached the point where they believe that divorce is imminent to see an attorney. You need to be prepared. If custody is going to be an issue, the more time you have to work with your attorney in preparing affidavits and necessary documents, the better. There are a lot of issues people don’t think about when they are filing for divorce because it’s such an emotional issue, but having someone who is looking out for you is very important.

Can I Move Money To Other Accounts Or Give It To People I Trust before Filing For Divorce?

During a divorce, you want to avoid the appearance of any type of impropriety by hiding funds or giving them to a third party. At the temporary hearing, you can request from the court some type of restraining order, restraining both parties from either returning debt or taking assets. I would advise you to get advice from your attorney before you do anything with any funds. If there are insufficient funds for your spouse to live on because you took all the money, you are going to look quite bad to the court.

How Can I Plan To Get Primary Custody Of My Children Prior To Filing For Divorce?

If you are trying to seek custody, you don’t want to make any rash decisions or do anything that could be identified as not acting in the children’s best interest. This includes commenting on the other spouse’s rights to their children. Always speak to an attorney before making any moves or assumptions, when it comes to child custody.

Are There Ways To Prevent A Pre-Divorce Spending Spree By My Spouse?

You can prevent your spouse from going on a spending spree by contacting your attorney and requesting an emergency restraining order, restraining either party from taking money or incurring debt. The order will only allow normal spending for living expenses which are typical.

For more information on Planning Ahead For Leaving Your Spouse, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (402) 235-6070 today.

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