Divorce Can Be Unfair! Take these Steps To Protect Yourself!
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I am an orange county California divorce lawyer. This article is one in a series of articles that delves into and explains the details of the divorce process. Please subscribe to my newsletter today, which is linked below. Once you do so you will have access to all of my past articles and will receive my future articles about divorce and how best to deal with the trials and tribulations that occur. This information is not intended as and should not be relied upon as legal advice or the creation of an attorney-client relationship. However, please do contact me at Jon@oc-family lawyers.com to set up a confidential, free, half-hour consultation. Thank you very much 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.
it doesn't really matter how it happens, what's important is that you take steps to protect yourself and your finances and your children. But be aware that there's a right way and a wrong way to do things. By following the steps outlined below you will safeguard your interests without being unfair or unreasonable.
Unfortunately, in divorce one of the spouses is at a disadvantage because of that suffers due to an equal bargaining power. follow these steps, however, and you won't be disadvantaged. Any utopian world, your new spouse would work everything out fairly calm sometimes though these proceedings become adversary. The tips below will help you protect your interests. Note, however, you should make a good faith effort to work things out and compromise before acting recklessly.
Your first priority should be to protect her children in the event you have children. To do so: (1) obtain a TRO; (2) do not allow your spouse to leave and take the children; (3) stay in the family home; and (4) insist on a 50% split for parenting time. First, obtain a temporary restraining order, which specifically prevents your spouse from taking the children out of state. You want to avoid a custody battle that extends across state lines. If you do this that will help with the second item listed above, not allowing your spouse to take the kids and run. Third, if you have moved out of the family home you may have seriously impacted 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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