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By Cathy Meyer, About.com Guide to Divorce Support

Know Your States Divorce Laws

Saturday July 28, 2007
When I went through the divorce process I had an attorney. I was of the belief that since I had an attorney that I was being protected. I thought that, although the process was painful emotionally I was at least going to come out well legally because I had hired someone who would protect my legal rights.

I learned from experience that hiring an attorney does not automatically mean you are going to be protected. Due to my inexperience with the Family Court System and my naive notion that an attorney would care as much for my interests as I did I paid dearly legally, financially and emotionally.

I won't go into the details but I will share that over seven years after my divorce was final I am still fighting a legal battle related to my divorce. A legal battle that could have been avoided if I had not put so much trust in my attorney and had taken the time to learn my state's divorce laws.

The best advice I can give is to be pro-active when it comes to your divorce. Being pro-active and protecting yourself is as simple as the following steps:

  • Go here, scroll down until you find your state and then print out, read and learn your state's divorce laws.

  • Go here, read and familarize yourself with the steps involved with divorce in most states. Ask your attorney exactly what steps will take place during your divorce and then communicate regularly with your attorney about what he is doing to make sure you are able to navigage each step in a benficial way.

  • Request a copy of every document your attorney files with the courts and a copy of every correspondence your attorney has with the opposing attorney. There are attorneys who feel they know what is in your best interest and will take steps without consulting you. Make sure that any documents your attorney files or any communication he has with the opposing attorney represents what you feel is in your best interest.

  • Get to know your court clerk. Learn your case number and check with the court clerk a couple of time a month to find out what new activity has taken place in your divorce file.

    Attorneys make mistakes, documents get lost by court personnel and the slightest blunder made by anyone involved in your divorce can mean delays, a loss of your legal rights and financial devastation. It's your divorce so, you need to take responsibility by playing an active role in the process.

Comments
August 6, 2007 at 4:27 pm
(1) Jeannie says:

Thanks for all you advice. I’m 54, 28 yrs. married, 3 kids above 18, no other family around, just a couple good friends. Never took any interest in our finances — he’s an accountant! Am hoping for the best.

August 7, 2007 at 12:13 am
(2) Cathy says:

Hi Jeannie, I’m glad you are finding the advice useful. Did you ever imagine that you would be needing such advice at 54? I was 47 when I went through divorce and I learned that you can, “teach an old dog new tricks.”

Since your husband is an accountant you will probably want to hire a forensic accountant of your own. Someone trained to look for hidden assets. I’m sure your attorney has already suggested this.

Please continue to come here and learn. If an issue comes up that you need help with and you don’t find it on the site feel free to drop me an email.

Cathy

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