About Pre-Divorce
You deserve an experienced divorce attorney...
Pre-divorce Planning can make your case simpler and smoother. It can
also help make sure you protect yourself and avoid running afoul of
the law in a divorce.
Doing your own research can save you legal fees, but it’s not a
substitute for advice from a good attorney. Here are some tips you
may find helpful:
COMMUNITY ASSETS: Don’t sell, hide or give away things that are - or
might be - community property. If you don’t know what is or isn’t
defined as community property, talk to an attorney. You may want to
cancel credit cards in joint names to assure you, or the community,
don’t get stuck with unexpected debts. Make a list of everything
you, your spouse, or the two of you together own. List when it was
acquired and from what source (i.e. gift, inheritance, purchased
with earnings, owned prior to marriage, etc.)
DEBTS: Rule of thumb: no major purchases (car, boat, expensive
jewelry, etc.) unless in case of emergency. Cash and other liquid
assets are better. List all debts, including the names and addresses
of the creditors, amounts owed, when incurred, and amount of monthly
payment.
WORK: If you’re working, don’t quit. You can actually be penalized
for that in a San Diego divorce (or anywhere else in California, for
that matter.)
INSURANCE: Review and copy all insurance policies and any appraisals
prepared on property.
AUTOMOBILE: Make sure the car you drive away from the relationship
is registered either to you alone or to you and your spouse.
GIFTS (to you) AND INHERITANCES: Keep these separate from community
property. If you “commingle” gifts and inheritances with community
property, say, by depositing it into a joint account, it can be
difficult or even impossible to figure out later how much of it, if
any, that you don’t have to share with the other spouse.
TAX RETURNS: Review and copy tax returns for the past several years.
You may want to discuss any questionable items with an accountant
(ideally this conversation should take place before you decide to
question your spouse about these items).
RESIDENCE: DO NOT MOVE OUT of the family residence without first
discussing it with your lawyer.
INHERITANCES: Keep all inheritances separate from the marital
estate. Do not put an inheritance into joint names and do not use
proceeds to pay for family expenses or purchases or to pay down
debts.
LIABILITY: Prepare a complete list of all debts or obligations
including credit cards, notes, mortgages, etc. Identify each debt,
when it was incurred and the reason for the debt. Identify who has
been making payments on them, as well as the monthly or annual
amounts.
INSURANCE: Review and make copies of all insurance policies relating
to the matrimonial residence furnishings, or other assets. This
should include any jewelry, silverware, or other valuable. Make
copies of any appraisal that have been prepared. These documents
will be useful if you file for divorce in San Diego
SIGNATURE: Do not sign any financial statements if blank. Know what
you are signing and always keep a copy.
401k and IRAS: Obtain copies of your plan and your spouse's also
with any yearly statements and determine when they vest and benefits
become payable, ask for the plan booklets and latest contribution
statements. These documents will be useful if you file for divorce
in San Diego.
WILLS AND TRUSTS: Obtain copies of any wills or trust agreements and
be involved in any estate planning.
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