CHAPTER
12: Get a lawyer you trust
Unless you have had legal
matters in the past odds are you only know how to find a lawyer by
looking on billboard signs or in that historical book called the
“Yellow Pages”. But, who are these guys? How do you know you will
be treated any different.
You are putting a large
portion of your money on the line now and in your future.
- Alimony
- Child support
- Your Childrens' Education
- Medical bills
- Insurance
- Taxes
- Your Home
- Your Car
- Custody
- Visitation on scheduling
- Where you live
- Hours of your life transporting
Get reference if you can.
If your parents or friends are local, it's possible they may have had
or know someone with this expertise. You also want someone that meets
your needs. If you have kids a Divorce Lawyer may do just that and no
more. A Family Law lawyer is a better fit and should consider both
the divorce and the custody matters.
Not all lawyers require
payment for the first visit to discuss the possible impacts of the
divorce.
Schedule some appointments with
different ones if you can. It is well worth finding the right person
you can deal with, you feel is honest and you can communicate clearly
too.
Also it's important to understand the
first visit is free, but a lawyers time is far from free. May the
best of it.
List of To Do:
1. Be on time
The lawyers time is valuable and
anything you don't get answered will cost
you later. Get there and be polite.
This person may be your savory.
2. Organize the important items:
Assets (Houses, Cars, IRA/401k),
Debts (Credit Cards,Mortgages, Loans
ect) , Children,
Situation of Spouse and their income
Get a folder and also make a summery
for the lawyer and
have it organized on a piece of
paper
3. Know what you want and what's
worth fighting for
Emotions are out the door at this
point is all about how much of a
financial impact this will have on
your life. It's all on the table now.
For Example:
Rental property which is $150k with
a $50k potential increase
or your Primary property which is
$200k and is underwater $100k
Your going to have to sit down and
look at the numbers, you might not need a big house with a big
monthly payment, but if you have a lot of equity, it might be
good to sell later and make sure you can do it in writing and
the profits are yours. Note: primary residences are a big deal
when there are children involved. You might not be able to get
the primary residence, because it would disrupt your children.
This can be a big shock. You may not have known living in the
underwater house could have saved you $50k, but you got the short
end of the stick.
OR
$2,000 TV or 10,000 401k
(that will pay off later but has
tax implication now)?
You might be able to negotiate the
TV value for reduced split of
your 401k and convince the
decreased value of future money verse
the quickly depreciating
technology.
OR
$700/m for 2 child support with
Medical Bills split 50%
or $300/m per child + Medical Bills
100% you.
Well, if you have 2 children you
might be tempted to take the second option since its less
monthly for the number you can see. $600 ($300X2) is less the
$700, but what you don't see is your ex-spouse can you the
Emergency room as much as she wants and you have to pay for it.
So $1,000 medical bill for that bruised knee and your decision
does not look that good. By splitting or your spouse taking full
responsibility for
medical it does the most important
thing of making their decisions effect
them.
*** The Above can happen with one
of many items. You goal needs to be to ensure there is nothing
you blindly have unlimited responsibility for
something you don't decide.
- Some areas: Medical, Travel,
Activities, Schooling, Insurance Expenses
*** Lawyers fight for what you
tell them to, they are smart enough to not give advice they are
not requested to give. Be direct and specific. They can not make
financial decisions for you, but they can tell you the areas to focus
your attention.
4.
Plan your strategies and reasoning to disarm your spouse
If you have a
plan you can avoid emotions that might make your spouse lash out
and disarm
them. In fact you can always play ignorant and innocent like you
don't know what
your don't and this is all just normal standard stuff. It really does
not matter
after the words are printed and names are signed.
*** USE AT YOUR OWN RISK. I am not a lawyer and this is not to be construed as legal advice. For any legal decision see the proper legal representative. You are the master of your soul.
*** USE AT YOUR OWN RISK. I am not a lawyer and this is not to be construed as legal advice. For any legal decision see the proper legal representative. You are the master of your soul.
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