Protecting Yourself during Your Divorce Case
Divorce can represent not only the ending of your marriage, but it can cause significant loss of property, damage to your relationship with children, and ultimately damage your reputation in the community. However, it doesn't have to do any of these things. The best thing you can do to protect yourself from personal and property loss is hire a divorce lawyer, who can help protect you. In addition, here are some tips that can help you protect yourself during the process.
Protecting Your Custody Rights
Alabama believes that joint custody is the best arrangement for children following a divorce. This means that you will likely be given joint legal custody--the right to jointly make decisions about your child's education and upbringing--and joint physical custody--the right to have your child in your physical custody at regular intervals. However, there are several things you can do to damage your share of joint custody. In order to protect your child custody rights, you should:
- Work with your spouse to create a joint custody plan. Even if your spouse will not work with you, the gesture will put you in a favorable light.
- Avoid making angry or insensitive comments about your spouse. The court wants to be sure you will be able to foster love and respect in your children for their other parent. Seeming hostile or disrespectful can make your house seem like a poor environment.
- Be on your best behavior. Even seemingly minor peccadilloes can be blown up during divorce proceedings to make you seem like a poor parent.
Protecting Your Property
In addition to protecting your right to custody of children, many people are afraid they will lose property during their divorce. It is likely that you will be forced to give up some property, but to be sure that you get your share of assets without taking on too much debt requires a careful account of the marriage. For example, you should note:
- What assets you and your spouse brought to the marriage
- What assets are linked to what debts
- What contribution you and your spouse made to your business or professional practice
Complex marital property division is one of the best reasons to get a divorce lawyer. To get a favorable division of property requires not only a thorough catalogue of the facts of the marriage, but also a compelling narrative that puts those facts in the best light for you.
Protecting Your Reputation
During a divorce, it is not uncommon for one spouse to attempt to publicly defame the other in order to get better division of property or a more favorable custody agreement. If your spouse begins to do this, you may be tempted to respond, but it is generally not to your credit to do so, even if you are in a small community where baseless accusations may find their way into the newspaper. Divorce proceedings are decided by judges, who are more likely to be impressed if you save your rebuttals for the courtroom while remaining above the public fray.
It is impossible to erase statements your spouse makes, and in many cases responding to them only lends them credibility. The best way to protect your reputation is by showing through your actions that the accusations are false. Live an open and public moral life. When the proceedings are finished and the judge has helped discern the false from the true, then is the time to make your statements.
Working with a Divorce Lawyer
These general principles work for many people, but not for everyone. What is a universal strategy for protecting yourself during a divorce is hiring a lawyer. An experienced divorce lawyer has seen many different situations and learned what works and what doesn't. He or she can guide you through the process to ensure you get the best possible results.
To learn more about protecting yourself during a divorce in Birmingham, Alabama, please visit the website of The Oncale Firm.
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