1. Representing yourself
During this financial crisis our country is enduring, the “business” of divorce has seemed to increase instead of decrease.
More people are choosing to represent themselves through the process, there are more matters to consider after the paperwork has been filed and the Court orders have been
entered. A divorce and custody matter is definitely not an area to under budget or do without legal counsel.
Divorce can be complicated and stressful and an attorney is specialized in handling these matters. Hiring someone to hear you and work on behalf of you and your children
is one of the most important long term decisions you will have to make.
Hire someone who can look at your situation and advise you to create the best possible way out to a new life for you and your family. Attorneys are there to help, let them look at the divorce and custody process with fresh eyes, taking all the painful emotions out of it so the ‘business” can be settled.
2. Take interest in what your attorney is doing
It’s so important for the client to own the process instead of allowing the attorney to dictate your actions.
What I mean by this is take the time to have your attorney properly educate you on the matters and issues you are disputing. Before agreeing to any action, you need to know
the pros and cons of every step.
Example: do you really need to send interrogatories to your ex asking financial questions for which you have the answers? Do you need a Child Family investigator to
report to the court that dad has a few glasses of wine when he gets home?
I often try to counsel my clients they got into this mess together and their kids are counting on them to get out together- with the least amount of emotional and financial
damage possible.
3. Family business
These days getting divorced often has a business component to it. Either there is a Family Business or one of the parties has his or her own business.
While some may believe that the business will remain with whomever has the business, there is often a marital value to be considered. Considerations: did the business begin
before or during the marriage, what is the growth or loss of the business during the marriage and if the responsible party will continue to own the business or if it will be sold
after the divorce.
Most often, a business valuation must be conducted to determine the value. This is based on several considerations such tax returns earnings, business expenses, each
party’s contribution to the business, is the property where the business is located owned or leased and what do the future earnings outlook.
Knowing the value of the business is essential in matters of asset division and maintenance in a divorce.
