跳到主要内容
请求任命
职业发展机会 联系 搜索

你的婚姻可能结束了:如何准备见离婚律师

2024年5月24日

我们都认识这样的人——邻居, 朋友, 相对, or coworker - who feels like their marriage may be headed towards disaster … and undoubtedly some people reading this article are in this situation themselves. The feeling that your marriage may be heading toward divorce can be overwhelming, 可怕的, 非常令人沮丧, but being prepared and taking control of the situation can help alleviate those sensations. This article is designed to help put anyone facing the scary prospect of separation and divorce (and, 最终, 他们的律师)处于最有利的位置,以获得公平公正的结果.

不要惊慌

这个建议似乎“说起来容易做起来难”,而是作为一个几十年来一直在处理离婚和监护权案件的人, I can promise you that the system is not set up to ambush or trap unsuspecting spouses into sudden financial ruin. 这个过程, 如果你管理得当,并遵循一定的步骤, 的设计允许交换信息和, 最终, 配偶之间财产的公平分配. Knowing what information to locate and access will help you prepare for meeting with an attorney and maximize the relief available to you under existing divorce laws.

直面这个问题

It is always surprising when I meet a potential client who has ignored the fact that he or she has been served with a divorce complaint and has missed the deadline to respond. 很多次, 这些客户聘请了另一位律师, 不管出于什么原因, 没有提交答辩书吗, 未能协助客户进行证据发现, 未能保护客户的利益. The most important thing you can do if you are entering the separation and divorce process is to make sure you know your deadlines and to assist your attorney in preparing your responses. 如果你的律师没有回应, 对你没有帮助, 或者似乎不关心最后期限, 找个新律师. While we always try to assist clients who have been delayed or have had ineffective counsel previously, it is much more difficult to catch up than it is to meet the deadlines as they approach. 虽然我们意识到这个过程在情感上很有挑战性, it becomes exponentially more difficult when you miss the opportunity to present your case fully, 如果你忽略了需要你做出回应的最后期限,会发生什么.  当你收到流程时,要仔细阅读并知道你的截止日期. 而你的律师也应该知道这些日期, it is 最终 your responsibility to meet them since it is your life and your future.

知道你的账户在哪里,你有多少钱

在婚姻中, many couples develop roles in which one person takes control of paying the bills and managing the finances. 当每个人都相处得很好的时候,这种分工是很好的, 但是当婚姻开始失败, a lack of knowledge of your finances can be a huge issue and can make you feel like you are helpless once the situation becomes dire. 即使你的婚姻是幸福的, 您应该对以下内容有所了解, 在生活发生重大变化时避免灾难:

  1. 你的房子是怎么命名的? Is it titled jointly to you and your spouse, owned by one of you, a trust, or someone else?
  2. 哪家银行持有你的抵押贷款? 你付了钱了吗? 你有退伍军人管理局贷款吗? 你欠多少钱,本金和利息的比例是多少? 是否有一方使用婚前或家庭住宅来出资? 如果有,是多少? Getting a copy of your mortgage statement and amortization schedule is always a good idea so that you know how much equity you have in the home.
  3. 你的银行账户在哪里? It is important to know the financial institutions and account numbers and to have access to the balance information so that you can safeguard against any sudden transfers to accounts that may be hidden by a spouse seeking to get an unfair advantage. 在事情变得敌对之前拿到银行对账单的副本是有帮助的.
  4. 你有401(k)或其他退休账户吗? 你的配偶有401(k)或其他退休账户吗? 退休账户通常是除了婚姻住所之外最大的资产, and it is always surprising how many people are unaware of whether they have an interest in their own or their spouse’s accounts. It’s best to get statements showing these balances before things are irretrievably broken so that you can track any sudden changes, 这些资产的损耗, 或者余额转账.

在重要文件被隐藏或销毁之前,获取它们的副本

上面所有的问题都可以通过正确的文件轻松回答. 有纳税申报表复印件, W2s, 1099s, K1s, 抵押声明, 退休帐户报表, 信用卡对账单, 还有银行对账单,以便核对, 储蓄, 货币市场, 股票账户, 等. is an excellent way to protect yourself and to prepare your attorney to assist you. It is easier to gather these documents in real time when things are cordial between spouses than it is to re-invent the wheel after someone has decided to end the marriage. Stay informed regardless of whether you believe there are issues in your marriage. These documents would also come in handy in the event that your spouse is incapacitated or otherwise unable to assist you. 无论哪种方式, it is far less 可怕的 to navigate your financial future without your spouse if you are well informed about your assets and where they are held.

带着文件去见律师

It is far easier for an attorney to assist you and give you realistic advice and helpful information if you bring the documents listed above to your meeting(s).  一个好的律师可以利用你的感知做出有根据的猜测, 但给一个有纳税申报单的人提供建议要容易得多, 银行对账单, 以及会议的其他相关文件. 我们不能保证法庭上会有任何具体的结果, but we can certainly tell you what the possible outcomes may be and what is realistic to expect going forward. This process is more difficult with an uninformed client who has no idea what assets are available within the marital estate. 我们掌握的信息越多, the better our “educated guess” will be about what you can expect from the process.

听律师的话

你的父母, 兄弟姐妹, 邻居, 同事, and 朋友s are probably amazing people and may be an excellent support system for you if you are in marital turmoil. 尽管你的朋友是善意的,但请不要接受他们的法律建议. It is best to find the most highly qualified attorney you can, and to listen to that person.  Everyone has a story about an acquaintance who got divorced and either got a great deal or got a deal that they felt was unfair, and the reality of the situation is that that person’s perceptions about the outcome probably has far more to do with his or her general attitude and mental health than it does about the law. 你的情况很独特, 你应该从一个专业人士那里得到一个见多识广的意见.

Bretta刘易斯 是一个澳门十大正规网赌网址 & 懦弱的股东专注于国内诉讼, 包括调解和诉讼有争议和无争议的离婚事宜, 协商和准备婚前协议, and resolution of equitable distribution cases involving complex marital estates including corporate interests and business valuation.  

了下: 其他主题