Getting Started on Your January Divorce

Are you intending to file for divorce after the holidays, in January? If that’s the case, you’re not alone. Divorce law offices across the country begin their busy season in January. The phones at divorce attorneys’ offices usually start to light up like Christmas trees on January 2nd, like clockwork.

Then, from January to May, there is a surge in divorce filings, which picks up again in September, when school resumes.

Why does January seem to be the busiest month for divorce filings?

The majority of individuals do it to avoid upsetting their children around the holidays. Unhappy parents frequently allow their children to spend “one more holiday season as a family” before filing for divorce. Then, when the holiday rush has passed, couples begin to schedule initial meetings with divorce counsel.

If filing for divorce in January is on your list of New Year’s resolutions or you just want to get the holidays over with, you’re not alone. However, there is still a lot you can do in December to begin preparing for a divorce, even if it is more emotional preparation. In this article, we’ll provide you some pointers and guidance on how to get ready for your January divorce.

Become familiar with California’s divorce laws.

When it comes to divorce, knowledge is definitely power. By learning about California’s divorce rules regarding child custody, child support, spousal support, property split, and debt division, you can alleviate a lot of your anxiety of the unknown. You can discover thorough solutions to many of your pressing problems by scrolling through our website and blog.

Get a copy of each of your credit reports.

You’ll need to know everything about your debts before filing for divorce. We recommend that you check both of your credit reports. Check your credit reports to make sure you’re aware of every credit card and loan you have. Examine the balances and keep track of how much you pay each month on each account.

If you’re the out spouse, get out of the dark.

If you’re the “out spouse,” the one who isn’t aware of your financial situation, now is the time to get to know your annual taxes, bank account balances, investments, credit card debt, auto loans, mortgages, life insurance policies, real estate holdings, and all other assets and debts. It’s critical to complete your homework so you can understand your financial situation. If you suspect your spouse is concealing income or assets, talk to your lawyer about hiring a forensic accountant to join your divorce team.

Save Your Marital Assets from Wasteful Dissipation

Avoid wasting marital assets, commonly known as “wasteful dissipation of marital assets,” as you mentally prepare for divorce. To put it another way, you don’t want to squander or waste marital assets right before filing for divorce. Why not? Because if you do, your spouse can bring it to the notice of the judge, and you could be held accountable for the entire debt or the money spent.

Credit card debt, buying plastic surgery, buying a fancy sports car, going on a solo vacation, spending money on a boyfriend or girlfriend, gambling, giving money away to friends or family, or otherwise spending money on something frivolous that is just for yourself are all examples of wasting marital assets.

Consider Being the One who Files for Divorce

Have you and your husband decided to split after the New Year? There are benefits to filing for divorce, whether or not you have discussed it. For starters, you’re in control and taking action rather than reacting.

When you’re the one filing for divorce, you can be calm, systematic, and deliberate. The goal is to feel secure and in control of your divorce, even if all that means is that you did your homework and know exactly what you’re up against when you file the divorce papers. It’s not the same when you’re caught off guard by your spouse’s divorce file.

Make the decision to Play it Cool 

Even when it’s the correct thing to do, divorce can be a profoundly emotional experience. Make every effort to remain calm while you decide to divorce. Even if your soon-to-be-ex has been cheating on you or has been manipulative and controlling, remain kind, respectful, and pleasant to them.

In other words, the more you can approach your divorce like a commercial transaction, the better. If at all possible, avoid expensive litigation, which is not only stressful but can drag your divorce through the courts for months, if not years. Even if you find yourself crying or enraged, try to keep your emotions out of your divorce-related decisions because you don’t want to make a mistake you’ll come to regret later.

Get Your Financial Documents Ready

You’ll have to disclose all of your financial data during your divorce. The best time to begin gathering all of your financial records and creating copies for your divorce attorney is right now. Taxes, mortgage papers, credit card statements, investments, vehicle loans, life insurance policies, estate planning documents, and so on are examples of such records.

You should be represented by the best in this trouble time.  Call Spodek Law Group today to discuss your case.