Here are some free tips to think about before your start your divorce:
1. DO NOT HIDE ASSETS FROM YOUR SPOUSE.
California is a Community Property State. Everything that came into existence between the date of marriage and the date of separation is owned equally between the parties. If you hide anything from your spouse you could lose any and all interest in the item if you commit fraud. As painful as it is, giving up half is better than giving away 100%.
2. DO NOT SIGN ANY NEW CONTRACTS WITH OR FOR YOUR SPOUSE ONCE YOU'VE MADE THE DECISION TO DIVORCE.
If you co-sign a lease or credit card for your mate you will remain liable even after the divorce is final. The creditor has the right to go against either of you to collect the debt. No matter how much your spouse promises to pay the rent, car payment, credit card bill or anything else you will be held responsible should they stop making payments.
3. IF YOU FEAR YOUR SPOUSE WILL TAKE MOVE THE CHILDREN OUT OF STATE WITHOUT YOUR PERMISSION START THE DIVORCE PROCESS IMMEDIATELY
Until you file the divorce Petition with the court your spouse is free to move out of state whether you approve or not. Should they be gone for six months or longer California no longer has jurisdiction over the children. They will be considered residents of their new state. You will have to fight over custody, support and all else concerning the children in a foreign state.
4. CONSULT WITH A MEDIATOR OR FAMILY LAW ATTORNEY BEFORE YOU ENTER INTO A DIVORCE AGREEMENT.
Until you know what your rights or responsibilities are you should not agree to the terms of the divorce settlement. The agreement should be fair, reasonable and equitable. Without some understanding of what you need to do you should avoid serious negotiations with your spouse.
5. DO NOT MOVE OUT OF THE HOUSE UNTIL YOU HAVE A WRITTEN AGREEMENT
You do not want to be accused of abandoning your interest in the equity of the house by leaving before there is a contract saying you do not intend to waive your share of the net value. This will avoid any misunderstanding down the line.
For some more free divorce advice call A FAIR WAY MEDATION CENTER. 760-227-5090 / 619-702-9174 for a half hour free consultation.
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