In love and marriage, arguments are bound to happen. In most cases, couples get through such arguments and continue living happily. However, in some cases, the marriage can no longer be saved. One of the most challenging situations to find yourself in is a divorce. Nevertheless, marriages and divorces happen every single year. The worst thing about going through a divorce is the amount of time and money spent just to make sure everything is done right. To make it worse, the soon to be apart couple has to follow the laws on marriage dissolution that may include rules such as property splitting between each other. Since the process can lengthy, the best way to get things in order is by first knowing how to safeguard your legal rights throughout the process.
The Do’s and Don’ts of the Divorce Process:
- Do Respect Spousal Property
According to the laws touching on marriage dissolution, nobody is allowed to tamper with the property owned by the spouse or both partners. To tamper with the property, in this case, may refer to any sort of concealment, destruction, damage, disposal or transfer of possessions. You may be at loggerheads with your spouse from time to time, a situation that may induce either of you to be destructive with one another’s possessions. Unfortunately, such actions can put you in contempt of the court’s orders.
- Do Not Hide Minors
There are many times where couples end up in heated arguments that lead to physical separation. If you happen to be in such a situation and with minors involved, then the best thing is not to hide them away from your spouse. By doing so, you’ll probably be on the path of losing custody of your children, as the court clearly detests parent alienation. If your spouse attempts to do the same, the best action to take is to let your lawyer know.
- Do Not Make Any Threats
Many marriage dissolution lawsuits end up going south for one of the spouses due to reckless behavior. One of the most frowned upon crimes by the court is domestic violence. If you happen to be a victim of any sort of domestic violence, the best thing to do is to seek the necessary help or alert your lawyer. Ultimately, you may get a restraining order that means you’ll get a faster response from law enforcement forces. In any case, sending threats through emails and texts can make you seem guilty in court.
- Do Not Move Minors Outside Court’s Jurisdiction
The court is always strict on family law, and this is why you ought to adhere to any ruling that’s made. The law is uniform across the US, that once a marriage dissolution suit involving children is filed, the case is restricted to the state and court where the filing was done. Therefore, attempting to move your children outside the state to escape the court will not work and is a likely way of losing custody over them.
- Do Not Use Credit Cards With Your Spouse’s Name
Many couples that go through a marriage dissolution find themselves sharing credit cards more often than not. It’s important to note that these financial issues are protected by the court through petition. If you have a joint account with your spouse, and you fear him/her accumulating debt, you’ll definitely want to seek the necessary help through your attorney. This will make the process of splitting debt a lot easier and can protect your credit and assets as you move forward with your life.
- Do Follow All Court Orders
Going through the entire marriage dissolution process can be complicated at times, and it may involve temporary court orders. If you happen to have temporary court orders that touch on sharing of debts, child custody, or visitation, the best thing to do is to adhere to it to the letter. You may have a troublesome spouse that may choose to make it even more complex, but in the case of any unnecessary interruptions, you’ll need to notify your attorney. At the end of the day, you need to keep in mind that all court orders must be followed because nobody is above the law.
- Don’t Rule out Mediation
Instead of getting involved in long court battles over who gets custody of your kids or property, you can consider a mediator. Mediation allows both you and your former spouse to hire a neutral third party that can help you sort out any issues related to splitting ownership. This is an ongoing process that continues until both parties reach an amicable agreement. Throughout the entire process, you can consult with your attorney to make sure that you are getting a fair deal.
- Do Remember to Change Your Will
Unfortunately, getting a marriage dissolved means that many or all of your estate planning is no longer correct. In order to avoid your future ex-spouse from attempting to inherit your property and wealth after death, you’ll need to see your lawyer and make an alteration of your will.
When all is said and done, you’ll be required to follow all the laws and regulations to the very end. If you need to know more about the laws that apply to divorcing couples, contact us at the Law Firm of Yoder Kraus & Jessup. Child custody and divorce matters are frequently very taxing on clients and their attorneys. Because such disputes involve family members and their children, they can be extremely strenuous, both emotionally and mentally. While you may desire a speedy and painless process, the other side may not be cooperative. The experienced divorce and family law attorneys at Yoder Kraus & Jessup P.C. are compassionate and understanding, while remaining fully prepared to fight for you. We have three offices in NE Indiana to better assist you through the divorce process, Auburn, IN, Albion, IN and Kendallville, IN.