Legal

How to Protect Your Rights in Divorce Proceedings

Men can protect their rights in divorce proceedings by journaling assets, financial information, and conversations with their attorneys. This journal should be addressed to the attorney and is privileged communication, which cannot be subpoenaed in court.

It is also important not to tip your hand in any way. For example, mentioning a future separation to a friend can hurt your case in the long run.

Hire a Lawyer

Divorce proceedings involve submitting paperwork and presenting arguments before a judge. A lawyer can also mediate with your spouse to resolve contested issues, such as property division and child custody. Some attorneys specialize in high-conflict divorce cases and can be a buffer between you and your soon-to-be ex-partner, reducing confrontations; contact us today.

To safeguard your assets, seeking assistance from a lawyer who can request complete financial disclosures can be helpful. It can expose fraudulent spousal support or property claims made by your spouse. Additionally, they can recommend hiring a forensic accountant in complex cases to uncover hidden assets or discrepancies.

They can also create video documentation of personal belongings to prevent items from “disappearing” before the divorce is finalized. These steps will help ensure that all assets and liabilities are fairly valued for your financial health. 

Hire a Mediator

In mediation sessions, spouses discuss important issues like property valuation and distribution, alimony/maintenance, child custody, and visitation. Both parties can make informed decisions by talking openly about these issues in a safe environment.

A mediator is trained to help parties agree about these issues and often has experience in family law. However, divorce proceedings involve complex legal questions and legal documents. When an attorney acts as your mediator, all issues can be properly addressed, including unforeseen consequences in a settlement agreement.

It is also possible for spouses to bring in their lawyers as “review counsel” to work with the mediator and review any agreements they reach. This can provide valuable insight and reduce the time spent negotiating in mediation sessions.

File a Request to Seal Your Case

If you have concerns that your spouse may attempt to conceal assets or other valuables from you during a divorce, it’s a good idea to ask your attorney to file a request to seal the case. It will ensure that sensitive information about your case is not accessible to the public, protecting your privacy.

Also, document your personal belongings in the home with a video recorder. It will make it much easier for your attorney to inventory the items in your home and help you maintain a solid record should objects “disappear.”

Be sure to serve the District Attorney’s office with a copy of the sealing motion. It should be mailed or hand delivered and signed by the person who served it before a notary public.

Stay Out of Court

It might seem counterintuitive for a lawyer who makes a living from litigation to say, but there are some things you can do to stay out of court. The first and most obvious is to settle your case.

Most contested divorce lawyers will prioritize settlement negotiations and mediation because a judge who doesn’t know or understand your situation may make decisions far from what you want.

It’s also important to disclose all of your assets to your attorney in a timely fashion. Hiding assets or making lavish purchases during divorce can be viewed as bad faith, potentially impacting the final property division. In some states, hiding assets can even result in jail time.

Be Politically Active

Several scholars are exploring the politics of divorce; one example is studies of Hindu, Muslim, and Christian personal law in post-independence India.

Following the establishment of women’s suffrage and social changes in the inter-war years, pressure grew for a more equal approach to divorce. The Matrimonial Causes Act of 1937 allowed women to petition for divorce on the same grounds as men. However, it also required a wife to demonstrate adultery, cruelty, or desertion to receive maintenance payments.

English judges also changed the view of a divorced woman from someone who needed to be maintained in order not to fall into poverty to a person who had full entitlement to her marital assets. This change gave women greater bargaining power and helped them leave loveless marriages.