To make sure that you are doing the best Colorado divorce and separation preparation and employing the right legal tactics, you may need the assistance of a lawyer. An experienced Colorado family lawyer has gone through it all. He or she has handled enough cases to understand what strategies might be practiced by the adversary, what strategies are effective, and which strategies would work for your family situation. Using tactics and planning does not dictate that you are setting up divorce litigation. It signals that you are aware of the facts necessary to proceed with your suit, your goals and that you have carefully strategized how to get where you want to go. A practiced settlement dialogue will not take place without a lot of thought and preparation. Some clients fail to see the genuine value obtained from their lawyer. Actually, many clients will claim that they did the necessary work in obtain information or in getting information to their lawyer, only to be confronted with a large invoice, and they want to know why. The “why” is because of the Colorado lawyer’s level of experience and number of years practicing and the lawyer’s ability to work out your tactics to get the result that you desire.

The tactics and planning that you should undertake before starting a Colorado divorce do make a difference to the end result of your case. There are some things that everybody will have to undertake, like obtaining your various economic documents. Many planning and strategy issues are very specific to your own case, such as, the history of your married life and your situation at the time. Whatever your personal circumstances, your preparation must be undertaken after thorough consideration of all your facts and a thorough conversation about your goals with your lawyer.

Various individuals facing the same circumstances could use different Colorado divorce plans simply because they are focused on different results. If obtaining a negotiated settlement and not going to Court are what you want, your lawyer could have to engage in different maneuvers than if you want the end result to be determined by the court. If your lawyer has obtained all of your facts and is familiar with the results your require, they will be able to prepare a tactical outline that should meet your goals.

Since divorce or separation is frequently a battle over money, getting all of the relevant information about your family finances will be a very important task. You must have copies of three or four years income tax returns, your w-2 and your spouse’s w-2 from each employer for each of those years. If you do not know where to locate those documents, you can get duplicates from the IRS. If you are obtaining these records secretly and do not want your partner to find out that you are engaging in divorce or separation planning, ask that your tax returns be mailed to your business office address, a friend, or to your lawyer.

A chronicle of your years together while married is very important to other matters that your Colorado divorce or separation lawyer might need to take care of for you. Many lawyers request that you supply some sort of outline to assist them in taking care of your case. If your lawyer does not require one, you should prepare one anyway. The effort that you put into that outline may help your lawyer on matter like fault, custody of the children, and support, and it may save your lawyer preparation time for your lawsuit and thus, reduce your legal fees.

The more effort you put into obtaining, and preparing important facts and documents for your Colorado divorce or separation lawyer, the less effort you will expend in your lawyer’s office reviewing those issues. Perhaps your attorney will spend less time on fact finding and more of your funds will then be spent on planning and preparation.

Attorney Jean Mahserjian is the author of numerous websites and books devoted to helping consumers through the process of separation and divorce. To download free excerpts from her family law books, visit: Divorce Law Help

1. Talk to a Marriage Counselor or other professional who may be able to help you save your marriage.

Even if you don’t think there’s hope for the marriage, “divorce counseling” can help you discover what went wrong, how to cope, and how to pick up the pieces and go on. Don’t wait for your spouse to participate. If you don’t know how to find a qualified counselor, our firm will be glad to recommend one or you can check out the directory of professionals at stayhappilymarried.com. Your employment, social or religious contacts might also provide leads.

2. Talk to an attorney before you do anything.

Even if you don’t end up hiring an attorney to handle your separation or divorce, you would be well advised to get as much information as you can before you even discuss divorce with your spouse. There’s a lot to know about divorce in North Carolina…our laws are complex and even the simplest situation can be very confusing to families already in distress. Actions you take now may very well affect the outcome of your divorce (see #3) and you need to understand your options ahead of time…not some time down the road when it may be too late to alter the outcome. Click here to find attorneys who are well versed in the intricacies of North Carolina divorce law.

3. Do not move out of the marital home without talking to an attorney first.

Leaving the house without a good reason may cause you to pay alimony or may result in your inability to collect alimony. If you leave the house, you may also be unable to return until after a court divides the property. This process might take more than a year. The best advice is to stay in the house until after you talk with an attorney unless your spouse is violent. If your spouse is violent, you must take all steps necessary to protect yourself and your children.

4. If you have been involved in any extramarital affairs, talk to a lawyer before you discuss this with your spouse or anyone else.

In this case, honesty may not be the best policy. In addition to the fact that adultery is illegal in some states, admission of an affair can have other dire consequences. If your spouse is a candidate for alimony, any illicit sexual behavior on your part (during the marriage…which includes the time you are separated) could end up costing you thousands in additional alimony payments.

5. Take concrete steps to safeguard your assets before you and your spouse begin discussing divorce.

One of these steps is to take possession of certain assets during separation, especially those assets you wish to be using, such as furniture and vehicles, and those assets that might be liquidated by your spouse, including precious gems and stones, other collectibles, cash, and bearer bonds.

Another self-protective step is to file what is known as a Lis Pendens in the Deeds Office of any county where you and/or your spouse own real property. The lis pendens puts third parties on notice of your claim to have an interest in the real estate against which the lis pendens is docketed. The lis pendens is basically a notice of pending litigation that may affect real property. A properly recorded and served lis pendens clouds the title to the property, preventing an effective sale of the property behind your back. The rules regarding a lis pendens contain very specific requirements, all of which are spelled out in section 1-116 and the following sections of the North Carolina General Statutes.

A third possible step to protect the assets of your marriage is to get an injunction restraining your spouse from transferring or otherwise disposing of any property covered by the restraining order. Your attorney can also use an injunction to get your separate property returned to you, where your separate property is in the possession of your spouse and the spouse refuses to give it to you. The equitable distribution statute also provides a means for you to obtain an interim distribution of marital property, pending a final resolution of the property matter. Such an interim allocation could, for instance, give you much needed funds on which to live.

Other protective measures you might consider in your divorce planning include: (1) protecting your own credit rating by freezing or closing joint cards and by blocking your spouse’s access to other joint credit such as a home equity loan; (2) closing joint bank accounts and opening accounts in your own, individual name; (3) changing the name of the responsible party on utility and other bills; and (4) spending where possible your spouse’s separate property first, marital property next, and your own separate property last.

While this list will help you get started on the right track, it is by no means a complete list of all the things you need to do and know if you are considering a divorce. For more information about the rights and duties of separating and divorcing husbands and wives visit http://www.rosen.com. You’ll find a complete law library, downloadable divorce forms, a legal fee calculator, a child support calculator, lists of professionals who can help you and stories from people just like you who have survived divorce.

Lee S. Rosen is a Board Certified Family Law Specialist and founder of Rosen Divorce in North Carolina. Rosen Divorce is the largest divorce firm in the Southeastern United States. For more information visit http://www.rosen.com.

If you’ve recently been through a divorceor are contemplating oneyou may want to look closely at issues involving credit. Understanding the different kinds of credit accounts opened during a marriage may help illuminate the potential benefitsand pitfallsof each.

There are two types of credit accounts: individual and joint. You can permit authorized persons to use the account with either. When you apply for creditwhether a charge card or a mortgage loanyou’ll be asked to select one type.

Individual or Joint Account

Individual Account: Your income, assets, and credit history are considered by the creditor. Whether you are married or single, you alone are responsible for paying off the debt. The account will appear on your credit report, and may appear on the credit report of any “authorized” user. However, if you live in a community property state (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, or Wisconsin), you and your spouse may be responsible for debts incurred during the marriage, and the individual debts of one spouse may appear on the credit report of the other.

Advantages/Disadvantages: If you’re not employed outside the home, work part-time, or have a low-paying job, it may be difficult to demonstrate a strong financial picture without your spouse’s income. But if you open an account in your name and are responsible, no one can negatively affect your credit record.

Joint Account: Your income, financial assets, and credit historyand your spouse’sare considerations for a joint account. No matter who handles the household bills, you and your spouse are responsible for seeing that debts are paid. A creditor who reports the credit history of a joint account to credit bureaus must report it in both names (if the account was opened after June 1, 1977).

Advantages/Disadvantages: An application combining the financial resources of two people may present a stronger case to a creditor who is granting a loan or credit card. But because two people applied together for the credit, each is responsible for the debt. This is true even if a divorce decree assigns separate debt obligations to each spouse. Former spouses who run up bills and don’t pay them can hurt their ex-partner’s credit histories on jointly-held accounts.

Account “Users”
If you open an individual account, you may authorize another person to use it. If you name your spouse as the authorized user, a creditor who reports the credit history to a credit bureau must report it in your spouse’s name as well as in yours (if the account was opened after June 1, 1977). A creditor also may report the credit history in the name of any other authorized user.

Advantages/Disadvantages: User accounts often are opened for convenience. They benefit people who might not qualify for credit on their own, such as students or homemakers. While these people may use the account, younot theyare contractually liable for paying the debt.

If You Divorce
If you’re considering divorce or separation, pay special attention to the status of your credit accounts. If you maintain joint accounts during this time, it’s important to make regular payments so your credit record won’t suffer. As long as there’s an outstanding balance on a joint account, you and your spouse are responsible for it.

If you divorce, you may want to close joint accounts or accounts in which your former spouse was an authorized user. Or ask the creditor to convert these accounts to individual accounts.

By law, a creditor cannot close a joint account because of a change in marital status, but can do so at the request of either spouse. A creditor, however, does not have to change joint accounts to individual accounts. The creditor can require you to reapply for credit on an individual basis and then, based on your new application, extend or deny you credit. In the case of a mortgage or home equity loan, a lender is likely to require refinancing to remove a spouse from the obligation.

For More Information
If you need additional help during this time of financial stress, please call Cindy Morus at 541-387-2995. She’s been through it, too.

Cindy S. Morus (www.phelps-creek.com) is a Certified Financial Recovery Counselor specializing in showing women and their families how to achieve financial well-being and peace of mind. She is also a Certified Credit Report Reviewer and Get Clients NOW! licensee. Contact her at 541-387-2995 or cmorus@phelps-creek.com She is also the publisher and editor of “Financial Fitness”, an internet gazette dedicated to helping people improve their financial fitness no matter what decisions were made in the past.

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