Five Tips for Winning Your Divorce Case
Facing down a divorce? You are probably wondering where to start and what to do. Read on for the top five most important tips for winning your divorce case.
Don’t Leave the Marital Home
You see it in movies, on TV, and you may even hear about it from friends and family: the first thing that happens after divorce is someone moves out. One of the spouses moves to a friend’s house, or a cheap apartment, or even lives in a hotel for a while. And this makes sense, right? After all, either both or one of the partners have decided to end the relationship — why would you want to be in the same space?
However, while you might be tempted to leave the marital home, you should wait until your divorce is finalized. There is going to be an absolute mountain of material and financial possessions to divide, and if you leave the marital home, you can almost guarantee that the court will argue you have given your spouse ‘de facto possession’ of many of those items. In other words, if you wanted to keep certain valuable items, why did you so quickly leave them behind?
In addition to helping you ‘stake your claim’ on material items, remaining in the marital home can also work in your favor in a child custody case. Staying in the marital home demonstrates your commitment to giving support and reassurance to your child during this difficult time. So, it is critical to stay in the marital home if possible.
While your spouse might not be devious or cunning, divorce typically brings out the worst in people. Your spouse may start spending erratically, hiding sources of income, paying themselves on Zelle or Venmo in an effort to reduce their net worth, or even creating secret bank accounts.
As soon as the conversation of divorce is brought up, start copying records. Keeping detailed notes of your own assets and debts, as well as your spouse’s, will help make the divorce settlement fairer. Pay attention to records that could show evidence of other assets your spouse has. You’ll want to collect tax returns, credit card bills, loan statements, bank statements, and the like.
The Head Over the Heart
The hardest part of the legal aspect of divorce is checking your emotions at the door. Divorce is incredibly painful, but it is critical to think long-term when making legal decisions. You might want revenge, or for your spouse to know how much they hurt you, but those motivations will evaporate with time, and what endures is your finances, your treasured possessions, and most importantly, your kids. Make decisions based on what is best for your future and you’ll feel much better than if you use the divorce as an opportunity to take it out on your spouse.
Assume Anything You Say Will Be Used In Court
Emotions are going to be running high during your divorce. There’s a good chance you’ll say things you don’t mean, or blab to the wrong friend, or maybe lash out at your spouse on social media. It happens, you’re human. However, bear in mind that what you say can and will be used against you. Your spouse’s lawyer will be looking for reasons to give you less than what you deserve and will use any attacks — vocal, via social media, in texts, in voicemails — against you.
Some of the best advice our team will give you as seasoned divorce lawyers is to Zip. The. Lip. Before you say anything to your spouse or about your spouse, think ‘would I want this read by a judge in court?’ If the answer is no, save it. Focus on moving through this divorce quickly, with fairness, and with the focus on your kids. Remember that the goal is to prepare for the new life waiting for you after this difficult time.
Hire a Winning Team
The most critical thing to do when getting a divorce is to hire an experienced team of lawyers that you trust. The team at Kessler & Solomiany, LLC has helped hundreds of people in your community and is prepared to help you beginning with a divorce consultation. Our attorneys will keep you organized, help you build a winning strategy, and make sure you stay focused on the future.
In addition to your attorney, look into hiring a financial planner. Your financial life is going to look radically different after your divorce, and a financial planner can help you set yourself and your kids up for long-term success.
Finally, as previously mentioned, you’re about to experience one of the most trying periods of your life — it would serve you and your family well to hire a therapist. A therapist can help you process complex emotions, and make your and your kids’ journey through this separation much smoother.
Call Us Today
If you are getting a divorce, call the Atlanta divorce lawyers of Kessler & Solomiany, LLC at (404) 688-8810 today. We are here to walk you through every step of the process and will help launch you into this next phase of your life.