There are many financial and emotional benefits of working out your divorce amicably. Sometimes it is impossible to resolve things without court intervention, despite your best intentions. If the breakdown in the negotiation process is a result of your spouse’s refusal to cooperate, and if you have tried everything you can think of to make the situation more amiable to no avail, then you need to shift into a protective mode. In the event your case proceeds to trial, you will need as much information as you can get. If you are able to resolve your case before you get to trial, it will be because you were prepared. Divorce never feels fair, but you need to optimize your chances of a fair result, irrespective of the path which brought you to this end on your journey.
Putting the Evidence Together
No matter how amicable your divorce, it’s still important to assemble financial documents as soon, and as thoroughly, as possible. The pre-trial waiting period is a final chance to collect the information you will require to complete your divorce. Although it’s tempting to procrastinate, in order to maximize your chances of settling your case, you’ll need to have all of the necessary information assembled. Once you know what information you can assemble on your own, you and your lawyer will have a better idea of what documents you’ll need to get from other sources. In the event that your divorce turns adversarial, you’ll also be able to start thinking about evidence which comes from information that you can’t find in documents, such as testimony, photographs, and physical evidence.
Some of the necessary information may need to come from your spouse. His or her year-to-date earnings, pension statements, or individual bank accounts are some examples of documents that your spouse will have to provide, since you won’t typically have access to them.
The simplest way for you and your lawyer to get these documents is to make a list of what you need and to ask for them. If you and your spouse (and any attorneys involved) are cooperative, the information exchange occurs smoothly and quickly. This is the simplest, cheapest way to accomplish necessary financial disclosures. When you cannot obtain the information that you need, you will need to utilize legal procedures known as “discovery”. For articles, plans and checklists, see http://www.peace-talks.com/divorceinformation.php. Some terrific books are listed at http://www.peace-talks.com/books.php.
Excerpted from Your Divorce Advisor: A Lawyer and a Psychologist Guide You Through the Legal and Emotional Landscape of Divorce (Simon & Schuster/Fireside 2001). For more information: http://www.yourdivorceadvisor.com/.
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