by Myra Chack Fleischer, CLF-S, Fleischer & Associates
Making the decision to get divorced is never easy. If you have been there, done that, no matter when you file you know it can be consuming and is usually the result of a thought processing lasting weeks, months, even years. If there are children involved, it is even more gut wrenching.
This is why our group so strongly recommends the collaborative divorce process to mitigate the impact to your children and your family as a whole.
But once you have crossed that bridge in your mind, heart and soul, now is the time to be ruthlessly practical. Even if you choose collaborative divorce, you must also prepare yourself and your children. This is not selfish. This is healthy, this is smart and this is in your long-term best interests.
It is natural to feel overwhelmed, and there is a lot to do. As a family law attorney with experience representing hundred and hundreds of divorcing clients, there are some priorities you need to address BEFORE you break the bad news, hire an attorney, file any paperwork, or decide to avoid the court system entirely. This advice applies equally to men and women, straight or gay.
- Make sure you get copies of all your financial records.
This includes bank statements, investment and retirement accounts, credit cards, loans and any other debts. You will also be able to quickly tell and later prove if there are significant changes or movement of assets, and this may help you make the decision about whether collaborative divorce is right for you.
- Make sure you have a source of funds if you do not work outside the home.
Create a financial strategy with your attorney or a divorce financial planner before any formal filing for divorce.
- Make sure you disclose anything damaging about you and your situation to your attorney.
The last person you want to be blindsided by any misbehavior or skeletons in your closet is your attorney. He or she cannot help you to mitigate the impact if he or she knows nothing about it. Sure, it can be some embarrassing stuff to admit to extramarital affairs, criminal acts, struggles with your physical or mental health, or tweeting racy photos.
But believe me, divorce attorneys, divorce financial planners and divorce coaches have heard it all and then some. We are not shockable, and we will not think less of you. Professionals involved with divorce proceedings are committed to confidentiality. Most of it can be handled. It’s entirely possible that by getting these issues acknowledged and out of the way, the healing process can begin and a collaborative divorce may be possible. But if not, it’s better to learn this early in the divorce process.
- Listen to professional advice.
If your attorney, divorce financial planner or divorce coach tells you something or asks you to do something, there is a reason for it. Usually it is to protect your interests and make things easier (and maybe less costly) for you and your family in the long run. We know how to engage the legal system to your best advantage, and we have plenty of experience that tells us what works and what does not work. Don’t ruin the good counsel you are getting by ignoring it.