Pre-filing Divorce and Custody Considerations

Filing for divorce or custody requires planning – and before the other spouse is aware of your intentions if possible. Do you know the placement of tax records, know all account numbers and passwords? Are your banking accounts listed “and” or “or” and would this allow your spouse to close said accounts without your knowledge? Would your residency be in question? Who holds title to vehicles? Who pays which bills? Would your children’s education be affected?

There are a lot of questions that need to be answered in order for the challenging situation of legal filings to go smoothly. Often as individuals enter the foray of the legal system, without any prior experience, they believe things will be handled fairly, perhaps with regard to property and to children, although depending on the county in which you file, the judge to which your case is assigned, and the type of lawyer your spouse hires, none of those things are assured.

Many people do not realize that attorney you consult with will not be able to see your spouse and will not be able to break confidentiality of anything you tell them. However, any accountant or professional financial person does not owe any such confidentiality to one party over the other when assets are shared.