What You Need To Know Before You Separate in California divorce
Credit Cards: Cancel all joint credit cards or remove your spouse's name from your accounts. If you are authorized to use your spouse's credit cards, make sure you have your name removed from those accounts.
Insurance Policies:If you have a joint automobile insurance policy, ask the insurer to divide the account into two separate bills.
Miscellaneous Accounts: Obtain separate cel phone bills. If you are not going to remain in the house, make sure all phone and utility services remove your name from the account.
Automobile Loans: If possible, you do not want your spouse to be driving a car with your name on the automobile loan. Try to assume the car with the loan in your name. Otherwise, you will need to verify each month that the payments are being made on time.
The Family Residence: It is critical that you decide who will be moving out of the house before you separate. If finances are an issue, or you do not have an agreement regarding custody of the children it may be best to remain in the house until these issues are resolved. If domestic violence is an issue, then consult a family law lawyer immediately. Otherwise, if you own the house, you need to make some immediate financial decisions, like who will make the house payments, and should the house be sold?
Financial Documents: Obtain all financial documents before you separate. These should include, but not be limited to, any evidence of how much you and your spouse own, how much you each spend, how much you each owe, and what your assets are. Normally, key documents will include bank account statements, credit card statements, paycheck stubs, tax returns, retirement statements, investment statements, mortgage statements, promissory notes, and loan agreements. All information should go back at least three years. If you or your spouse has an ownership interest in a corporation, consult an lawyer for additional instructions. You wil need these documents for the divorce.
Custody of the Children: If possible, it is best to have child custody agreement in place before you file for divorce. Try to agree on custody and visitation issues without having to go to court.
child support and
spousal support: If you have children, expect to pay a significant amount of your income to child support once you file for divorce. It can be as high as one-half your gross income. You may be expected to pay half of all child care costs, and uncovered medical bills in addition to regular child support. If you make more than your spouse, there is the possibility you will be paying
spousal support, as well. |