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Uncontested divorce in California has several advantages. While divorce is never an easy choice when both parties can agree on how to divide marital assets, deal with child custody and support issues and handle other family matters, it is a significantly more straightforward process.

California is a no-fault divorce state, and It is essential to understand the laws of a California divorce. There are generally two types of divorce in California: contested and uncontested.

We will examine an uncontested divorce and its advantages and disadvantages to help you understand if it is a good choice for your situation.

What Is An Uncontested Divorce In California?

When two people agree to the terms of their divorce in California, there is no need for a judge to hold a trial.

You can either do your uncontested divorce alone (DIY Divorce) or with the help of a lawyer. If you hire a lawyer, both parties need to hire separate attorneys, as one lawyer can’t represent both of you.

The process for filing an uncontested divorce may vary from state to state. You will need to initiate the divorce by filing a divorce petition, documents proving both parties are aware of, in agreement, and participating in the case, financial affidavits disclosing everything each party has, a settlement agreement, and a proposed judgment. You may be required to attend couples therapy or classes on co-parenting before being granted a divorce, and other paperwork may be required.

Depending on the jurisdiction, your case may be dealt with based upon your paperwork, and you will obtain your judgment in the mail, or you may be required to attend a hearing with your spouse to swear that the divorce paperwork is accurate and true and that you signed it on your own free will.

The Advantages of An Uncontested Divorce

There are several reasons why an uncontested divorce may appeal to you and your partner. However, ensuring that an uncontested divorce is in your best interest is essential.

• An uncontested divorce is less expensive and faster than a traditional or contested divorce.
• There is no need for multiple court appearances or a trial which is one of the most significant benefits of an uncontested divorce.
• The level of conflict between the two parties remains lower, and the relationship can remain more amicable.
• It is more private, which can be best for you, your partner, and your children if you have any.
• You are more likely to retain your assets.
• It is more cost-effective as you avoid more fees for lawyers, account servers, process servers, and the many other financial costs associated with a contested divorce.

When Is An Uncontested Divorce a Bad Idea?

In some situations, an uncontested divorce can create more problems or result in an unfair balance of power, financial gain, or even worse, losing precious time with your children.

• Domestic Violence Issues. If your partner is abusive, argumentative, or hostile in any way, an uncontested divorce is a terrible idea. Anytime there is a history of domestic violence, emotional abuse, or other disparity in power in your relationship, it usually leads to one person having an advantage over the other party. In this situation, it is ideal to have an experienced divorce attorney to advocate for you to protect your rights.
• Poor Communication. Be realistic about how well you and your spouse can communicate. When two people can’t talk without a fight, then trying to file for an uncontested divorce is the wrong approach. Difficult communication indicates you must hire an experienced divorce attorney and file for a contested divorce. You want to ensure your rights, family, and assets are protected.
• Lack of Understanding of California Divorce Law. Even though an uncontested divorce is relatively straightforward, you will still need to read and understand several forms that will include in-depth financial disclosures by each person. Suppose you and your spouse need clarification on California Divorce laws or support filling out the paperwork. In that case, the best idea may be to contact a divorce attorney to ensure everything is done correctly.

Hire An Expert Divorce Attorney

At Azemika & Azemika, we devote practice exclusively to family law. Our attorneys have extensive experience navigating California divorce laws, child support and visitations, adoption, paternity, and more. Whether you are considering an uncontested divorce or a contested divorce, hiring an attorney to help support you during this challenging time will make it significantly less stressful and ensure that your family, your assets, and your rights are protected. Contact us today for a consultation!

Even if you don’t typically have anxiety, going through a divorce is incredibly stressful, and you may find yourself experiencing feelings of anxiety related to your divorce.

Divorce anxiety is relatively common and even expected during this uncertain time. People often experience varying degrees of stress and anxiety due to higher levels of fear, anger and emotional distress, and unpredictability of the future.

Getting a divorce is usually one of life’s major transitions. Below, we will talk about signs of divorce anxiety and ways to help yourself deal with extra stress and anxiety to feel and function better.

Signs of Divorce Anxiety

The symptoms you experience with divorce anxiety may be mental, physical, and emotional. Physical symptoms such as poor sleep, a quick heartbeat, or sweating are shared by many people. Mentally you may find yourself concerned about the future; you may feel overwhelmed or experience a loss of interest in socializing or fun activities. Emotionally you may feel more sensitive or be quicker to react harshly.

Common Feelings and Thoughts During Divorce

As your family transitions into something new and different, some people experience a loss of identity insecurity. If you have children, it may even be that you will only see them half the time. You may have to sell your home and move. Divorce can bring up many feelings, including some that may surprise you. You may experience feelings and thoughts of:

• Anger and frustration about the divorce process and how things are turning out
• Loneliness and grieving the end of your marriage, the transitioning of your relationship from companion to co-parent, and possibly even to being combative
• Embarrassment or shame and feeling as though you have let yourself and other people down
• The concern about the future and worrying that you will not be able to adjust
• Worry for your children and how they will deal with the divorce
• Worry about child custody, child support, and alimony
• Concerns about California divorce laws and how they will affect you

When going through a divorce, you mourn more than just the loss of your spouse. You’re also mourning the loss of a mutual home, your financial security, mutual friends, and your sense of identity built around being married and who you were with your spouse. You may feel this way even if you initiated the divorce.

9 Ways To Deal With Divorce Anxiety

Finding effective methods to deal with divorce anxiety is essential. Doing so can help you build lifelong skills you can fall back on during challenging times.

1. Grieve

Allowing yourself to grieve is healthy and essential to your mental and emotional health. Make sure you give yourself time and space to process your feelings and acknowledge the challenges of divorce. If you avoid doing this, you may find your feelings resurface later. Leaning on good friends who can give you a supportive ear and a therapist as you go through your divorce is significantly beneficial.

2. Develop A New Routine

Create a new routine and develop healthy habits that you can stick to daily. Ensure that you are eating and sleeping well, and create a rhythm that supports your mental and emotional health.

3. Journal

Beginning a journal or maintaining one if you already keep one is an excellent way to help make sense of your feelings and thoughts. Journaling is the perfect way to work through complex emotional issues.

4. Learn or Do Something New

When you’re going through a divorce, you’re letting go of part of your past. This is the ideal time to take up a new hobby or travel somewhere you’ve always wanted. By switching your focus to the future, you give yourself something to look forward to in your new life. Following your dreams and hope are essential for dealing with anxiety and stress.

5. Exercise

Even though anxiety is a psychological state of mind, it can also develop physical symptoms affecting your appetite, sleep, and overall interest in life. By moving your body, you benefit both mentally and physically, improving your overall health, which will help to alleviate some of your divorce anxiety symptoms. Get outside and move for at least an hour a day in the fresh air.

6. Build A Self-Care System

Self-care looks different for everyone, and it’s a big umbrella under which you make sure you’re doing little things to take care of yourself. This may include taking a bath, turning off your phone, getting a massage, or having a weekly lunch date with a friend. Whatever helps to nurture you and take care of your needs is perfect to put in your self-care toolbox.

7. Practice Gratitude

Whenever your life is stressful or struggling is the perfect time to count your blessings. Start a nightly practice of writing down what you’re grateful for each day, whether it’s in a gratitude journal or you make your gratitude jar. It helps us focus on the good parts that make us happy, not just the challenges in our life.

8. Connecting With Family and Friends

It is the best time to reach out to people you can trust. When going through a divorce, surround yourself with people that can support you, and schedule weekly visits with friends or family doing something fun. Whether you’re going to the movies, a food festival, or an overnight trip to the beach, hanging out with close friends and family goes a long way in helping to turn off the anxiety and stress you are feeling around your divorce.

9. Join A Support Group

Joining a support group or an activity group, whether it’s hiking, running, painting, writing, birdwatching, or even learning to dance, building community is an essential part of thriving through a divorce. Group sites such as meet up, finding a local organization you want to support and volunteer with, or even your local animal shelter provide great opportunities to meet new people. You can also seek a divorce support group to meet other people through the same process.

10. Hire An Expert Family Attorney

The divorce process in California can be complex and overwhelming. Hiring an experienced divorce attorney is essential, and you will ensure that you and your family are protected. A family law attorney can help ensure a proper parenting plan is put in place, fair division of assets and property, alimony, child custody and visitation, and more. Having an attorney you can trust will alleviate a lot of stress and anxiety for you because you have someone watching out for your best interest.

Azemika & Azemika, Devoted To Family Law

At Azemika & Azemika, our law firm’s practice is exclusively devoted to family law. The attorneys at our firm are experts in handling divorce, child custody and visitation, child and spousal support, paternity, adoptions, and abandonment. Located in Bakersfield, California, in Kern County, our primary objective is to provide our clients with knowledgeable, affordable, and aggressive representation. Contact us today for a consultation!

If you are going through a divorce, you may be wondering what types of evidence you can use that may include text messages, DMs (direct messages through social media), and emails which can potentially provide evidence in court.

These days, communication often happens through text messages which is generally an easy way to talk with anyone, no matter their location, including your spouse.

Text messages are commonly used as evidence during California divorce proceedings, although not all text messages are considered equal. This article will discuss when and what types of text messages can be utilized as evidence in a California divorce.

Relevant Text Messages Between Spouses

California is a no-fault divorce state, so neither side is required to prove that the other person is the one responsible for the ending of the marriage. However, text messages between spouses can be submitted as evidence in a California divorce case. Remember, however, that your spouse has an equal weight to produce all your text messages.

Text messages can sometimes show the ugly side of a marital relationship, especially when the conversation becomes argumentative and when one or both parties send threatening text messages. Text messages can also prove that your spouse is engaged in an extramarital relationship or criminal activity.

Your divorce attorney can help determine whether or not your text messages are relevant, as you don’t want to waste the time of the court just because you are angry. Here are some valid reasons to submit text messages during a divorce and provide evidence that your spouse:

• Is committing domestic violence, which includes verbal, emotional, mental, or physical abuse
• Is neglecting childcare
• Has a substance or alcohol abuse problem
• Is harassing or threatening you
• Is abusing or neglecting the children
• Has chosen social engagements, work, or other personal pursuit pursuits over the responsibility of their child-rearing responsibilities
• Is trying to hide marital assets

These issues and more can influence child custody, restraining orders, and the separation of assets. Your family law expert in Kern County, California, can help you decide if the content of the text messages is relevant to your case.

Relevant Text Messages Between Your Spouse and Third Parties

Should you have any reason to believe that your spouse has been sending messages to a third party that may be relevant to your divorce, you may also be able to obtain copies of these text messages through the formal discovery process.

For example, suppose your spouse is sending messages to a business partner that show incriminating evidence or having an extramarital affair. In that case, you may need to subpoena the person who is sending or receiving the text messages from your spouse to use them in the divorce proceedings.

However, make sure you avoid trying to access text messages by logging into your spouse’s phone or using any other snooping methods, as you could harm your divorce case. Make sure you discuss your legal options with an experienced family law attorney in Bakersfield, California.

Authentication Of Text Messages

All text messages, DMs, emails, and other electronic messages used as evidence in a California divorce court will be required to be authenticated, and you must prove that your spouse sent them.

The California Evidence Code also determines ways you can authenticate electronic communications. For a text message to be authenticated, it means that:

•  The other person must admit to sending the message
•  A witness must testify that they saw the message being created
• A reply authentication must be shown, which happens when a reply message is sent in response to the original message
• If a message references something that only the other person would know about or understand

Authentication is necessary to determine if you can utilize text messages in a California divorce if it verifies them as legitimate evidence. Your divorce attorney will be able to tell you how and if you can authenticate the text messages to use them in a California divorce.

To Get The Expert Advice And Help You Need, Contact Azemika & Azemika Law

At Azemika & Azemika, our law firm’s practice is exclusively devoted to family law. Our expert attorneys are here to help clients in Kern County with issues related to family law, including divorce, child custody and support, paternity, and more.

Every case is unique and navigating a divorce is often complex and emotional. We are here to help you and your family using our experience, skill, and expertise as attorneys specializing in family law. Contact us today for a consultation to find out how you can protect yourself and your loved ones during this challenging time.

Divorce is typically a complex process, especially if you and your spouse were married for a more extended period. In many divorces, spousal pensions and retirement accounts often have the highest-value assets.

Conversations and disputes around retirement accounts can become heated and complex during a divorce. Often they are subject to special requirements and considerations, and it is essential to understand how to protect your assets and your future.

This article will discuss different retirement accounts and give you a basic understanding of how retirement plans are distributed in a California divorce. Keep in mind that it is in your best interest to hire an expert Kern County divorce attorney to ensure that your retirement assets are protected.

Most Retirement Funds Are Included In Marital Property

California considers any income either party earns during the marriage to be shared marital property. Defined contribution retirement plans such as 401(K), 403(b), or 457 accounts, as well as SEPs or IRAs, are counted as marital property as these accounts are funded by income that is considered marital property.

Suppose one or both of the divorcing parties opened a retirement account before the marriage. In that case, they might be able to claim they are premarital deposits to the account as a separate, non-marital party to avoid dividing the income with a former spouse. Laws differ from state to state, and California law also treats any interest earned on premarital contributions to a retirement plan as separate property.

Defined Contribution Plans In A California Divorce

Federal law governs defined contribution plans, including the payments from these plans, which are divided In the event of a divorce. Divorcing couples with a defined contribution plan included in their divorce decree will need to issue a Qualified Domestic Relations Order (QDRO) in addition to the divorce decree. The QDRO Is necessary to authorize the plan administrator to issue payments to the non-employee ex-spouse and is a particular court order that is required regardless of whether your divorce is amicable.

In addition to permitting the plan administrators to distribute money to the account holder’s ex-spouse, a QDRO also allows the ex-spouse to withdraw money from the account and deposit the funds into other retirement accounts without incurring any of the penalties that are usually charged with early withdrawals from retirement funds.

QRDOs only apply to retirement plans covered by a federal law called ERISA and are not effective for distributing assets from non-qualified plans, including stock options, excess benefit plans, and supplemental executive reimbursement plans.

Certain types of retirement plans that need a QDRO will also require “joining” the plan as a party to your divorce. An experienced attorney can help you with this complex process. Examples of plans that require this “joiner” to obtain a QDRO include:

• Federal government plans such as Civil Service Retirement System (CSRS), Foreign Service Pension System (FSPS), and Federal Employees Retirement System plans.
• State government plans such as California State Teachers’ Retirement System (CalSTRS), California Public Employees’ Retirement System (CalPERS0, and University of California Retirement System (UCRS) plans.

Qualified plans covered by ERISA include:

• Private company pensions
• 401(k)
• Deferred compensation plans
• Employee stock ownership plans
• Profit-sharing plans
• Severance plans

It is critical to understand that without a QDRO in place, the administrator of the plan will not be allowed to distribute any funds to the non-employee ex-spouse. Also, ensure you learn how to protect your finances in a California divorce.

Various Other Retirement Benefits

SEPs and IRAs do not need to have a QDRO for the court’s division of assets. However, the divorce decree must contain language that states explicitly that any withdrawals and transfers by the ex-spouse are under section 408(d)(6) of the Internal Revenue Code and, therefore, tax-free to avoid paying early withdrawal penalties and income tax.

Division Of Retirement Plans 

There are several factors to determine who gets what regarding retirement plans. Sometimes the answers are not as straightforward as they may seem.

Essential questions include: 

• What is the present value of the retirement plan?
• Is the entire amount subject to distribution as community property? If not, is a portion considered community property while the remainder is deemed separate property?
• Would one spouse give up their share in the retirement plan in exchange for other community property assets? Is that an intelligent choice based on the long-term projections of both the retirement plan and the support?
• Are one or both of you military officers? Special considerations under the Uniformed Services Former Spouses Protection Act (USFSPA) apply to military pensions.

While you may be tempted to just split everything quickly in an attempt to finalize your divorce, it is critical to understand that the division of retirement accounts and assets requires a lot of attention to detail. It is essential to consider long-term growth on investment accounts, retirement accounts, and other assets that you and your ex-spouse may have invested. Working with an experienced attorney who can look out for your best interest and ensure the divorce settlement is equitable is critical.

Schedule An Appointment With A Skilled Divorce Lawyer At Azemika & Azemika

Our law firm, Azemika & Azemika, serves Kern County and is exclusively devoted to family law. Our skilled attorneys customize solutions based on the needs of each client. We are experts in cases involving divorce, child custody and visitation, child and spousal support, adoptions, and more. 

We are here to help you; you deserve the best representation to protect your rights and future. Contact us today for a consultation.

Filing for divorce can be a complicated process with varying degrees of complexity depending upon your situation and the state you live in, as divorce laws differ from state to state. When filing for divorce in California, you must determine if you meet specific mandated residency requirements.

You do not have to file for a divorce in the same state you were married, but the length of time you have been a resident in California or another state may make a difference. If you and your spouse are filing for divorce, working with a lawyer can help you to navigate the complex family court system. 

One of the many common questions regarding divorce in California is the residency requirement rule. In this article, we will discuss the residency requirements to file for divorce in California and what your options are if you do not meet them.

Understanding The California Residency Requirement For Divorce

California divorce laws clearly outline the steps for anyone wanting to file for divorce. The first step is for the petitioner (individual filing for the divorce or separation) to file the Petition for Dissolution of Marriage (Form FL-100) with the civil courts in the county they have lived in for the last three months.

When filing for divorce in California, you must meet the strict residency requirements, which mandate that you or your spouse must have lived in California for the last six months and lived in the county where you intend to file the divorce for the previous three months; this is not negotiable. You also must sign the document under oath declaring that you or your spouse fulfills the state’s residency requirement.

If you or your spouse has been a resident of California for a minimum of six months but not a resident of your county for three months, then file in whichever county you lived in previously for a minimum of three months.

You and your spouse are not required to reside together to file for divorce, and you may live in separate counties as long as one of you has been a resident in one county for a minimum of three months before filing for divorce. The courts will accept the petition if you are within the required time frame.

However, if neither of you meets these requirements, the court will deny your request to file, and you must find an alternative route for your divorce; however, you may still file for legal separation. Speaking with a California divorce attorney who can help answer any questions you may have is essential.

Exceptions To The California Residency Requirement Rule For Divorce

The exception to the residency requirement rule is for same-sex couples who were married in California but are currently residents in a state that does not recognize same-sex marriages and will not dissolve them. In this case, you may get a divorce in California regardless of the residency requirements. 

To file for a divorce, simply file in the county where you were married.

The other situation is that if you and your spouse are in a registered domestic partnership in California, you do not need to meet the residency requirement rule as a married couple. However, if neither of you meets the requirement, even though the court could end your partnership, it may not be able to make decisions regarding children, property, or support.

You must meet the residency requirements if your domestic partnership is not registered in California.

Alternative Solutions For Divorce In California

• Suppose you want a divorce in California but do not meet the residency requirement rule. In that case, you may file for a legal separation until you establish residency in California and can meet the requirements for divorce.
•  Perhaps you may not meet the requirements, but your spouse does. In this case, you may ask your spouse to file for a divorce; otherwise, you must wait.
• Should you meet the residency requirements in a different state, you can also return to that stature and file for a divorce. Make sure to check the residency requirements of the State first to be sure.

Getting a divorce can feel overwhelming and stressful. Hiring an experienced divorce attorney can help ease the stress and ensure you cover all your bases.

Hire A Divorce Lawyer With Experience You Can Trust

At Azemika & Azemika, our practice is devoted exclusively to family law, divorce law, adoption, property division, child custody, and support in Kern County. Our attorneys are experts and will ensure your rights are protected, and your needs are taken care of when going through a divorce.

You don’t have to go through your divorce alone; we are here to help. Contact us today for a consultation.

Going through a divorce is challenging emotionally, mentally, and financially and is often legally complex. The choices you make during this time can have a long-lasting impact on your finances, especially when you and your spouse’s finances are intertwined.

While you may feel comfortable navigating your divorce independently, there are many benefits to seeking the advice of an experienced divorce attorney and a qualified professional financial advisor.

This article will discuss some of the biggest mistakes people commonly make by divorcing spouses and how you can avoid them.

Common Financial Mistakes

Understanding how to protect your assets in California during a divorce will significantly impact your long-term financial situation.

1. Underestimating Your Expenses

You may know how much money you make each month, but have you taken the time to write down your expenses and create a realistic budget? Many people forget to include many of the more minor costs that, when added up, will be a considerable amount of money. Inflation is another crucial factor when estimating your future needs and maintaining your quality of life.

2. Determining Who Will Keep The Custodial Home

The decision about whether or not to keep the family home, especially if there are children involved, is an emotional issue. Even though it may feel more comfortable to remain where you are and avoid the costs and hassles of moving, keeping the family home may not be the best financial decision. It is essential to have a realistic sense of whether or not you can afford to keep it, no matter how attached you are to your home. You could have serious financial issues if you give up other important things to keep your home and later realize you can’t cover the mortgage, maintenance, or property taxes.

3. Equal Division Of Property, Is Not The Same As Fair Division Of Property

It is vital to understand that an asset value may not necessarily be defined or limited to its current market value. An example of this would be assets that generate income, such as a rental property that may be worth more than its market value. If you agree that each spouse should receive property of equal monetary value, It doesn’t always mean that the assets each spouse received would be an equal share of assets over time. When comparing assets or trade assets in a divorce negotiation, it is also necessary to pay attention to present value, tax basis, transaction costs, and possible future value.

4. Examine Financial Issues One At A Time

While it may seem like deciding on financial issues one at a time is the easiest way, you can miss the interaction of taxes, investment losses, capital gains, inflation, timing issues, etc. To determine a fair settlement, you must look at a comprehensive picture that includes all of your finances. When you look at a complete picture of your finances and assets, you’ll be able to understand better how each financial decision you make may impact another decision. Gathering this information together is the best way to determine how and when to divide assets.

5. Failure To Include Insurance In Spousal Support(Alimony) And Child Support

You will only be able to collect child support and alimony if your spouse can make the payments. Consider requesting that your spouse include life insurance or disability insurance policies or modify existing policies to ensure that these payments will continue during their death or disability. Have your divorce attorney review the policies to ensure that your spouse accurately designates what happens with any money that may come from the insurance policies.

 It is also essential to understand that these policies will not help you should your spouse voluntarily decide to stop paying alimony or child support. In this situation, you would need to return to court and request an order that your spouse make the agreed-upon payments.

6. Misunderstanding Your Liability For Unsecured Debt

Generally, unsecured debt is related to credit cards in most cases. If the debt was created during the marriage, it is a shared liability, no matter which spouse utilized the credit card. Both parties are responsible for the debt when getting divorced, and credit card companies can come after you.

7. Improper Evaluation Of A Defined Benefit Plan

A defined benefit plan(DBP) is a true pension plan funded and controlled by the employer and pays a monthly income at retirement. Individuals with a DBP must wait until retirement to receive payment; however, the DBP has value today, and the nonemployee party is entitled to part of the DBP. Most of the time, you will need to hire an actuary who is a specially trained financial expert to determine the present value of DBPs.

8. Including A Qualified Domestic Relations Order (QDRO)

A Qualified Domestic Relations Order (QDRO) is a legal document that states how you and your spouse have agreed to divide a defined contribution plan such as 401(k), 457, and 403(b) plans or pension plans. A QDRO will order the plan administrator to pay the non-employee their agreed-upon share. The plan administrator cannot make any payments without a valid QDRO. Getting a QDRO in place is crucial even if the pension is not payable for several years.

9. Having Unrealistic Ideas About Investment Returns

Make sure to get a professional opinion for any investment in question that may or may not grow over time to mitigate the risks of staying with risky investments and ending up with negative results. Liquid assets such as cash or things that can be converted can offer more financial security.

10. Not Considering Your Long-Term Financial Security

When you are getting divorced, sometimes you only look at your current financial situation instead of looking 10 to 20 years later. Consider working with a financial planner and experienced divorce attorney to ensure your agreements will be in your best interest in the long term.

We Are Expert Divorce Attorneys, Experienced In Family Law

Azemika & Azemika specializes in divorce law, family law, child support and custody, and adoption, and our attorneys are experts in California divorce laws. We support the community of Bakersfield, California, and our partners are here to help you navigate the complexities of family law to protect your rights. Contact us today for a consultation.

Divorce can be expensive, and it can be challenging to estimate how much it will cost you presently and long term. Even amicable divorces can be financially challenging depending on how long you and your spouse were married and your assets, debts, and intertwined finances.

Whether you are financially well off or think you have nothing to lose, working with a divorce attorney who can help protect your interest can significantly improve your long-term financial situation and quality of life.

Divorce takes a toll on almost everyone emotionally, mentally, and financially. So it is essential to do what you can to mitigate the damage. We have compiled a list of steps you can take to help protect your finances during your divorce.

Top Steps To Protect Your Finances During A Divorce

Step #1. Determine How Much Money You And Your Spouse Have

Whether you think you have a little or a lot of wealth, you must have a clear and accurate picture of your finances. You can only protect the assets that you know about, and you may even have more assets than you realize. Find out what money you and your partner have, including any 401(k), savings plan, 529 accounts, credit card bills, mutual funds, cryptocurrencies, absolutely everything. Once you have a complete picture of your and your spouse’s liquid assets, you can begin to develop a plan for the financial aspects of your future and your divorce.

Step #2. Avoid Hiding Money

You may be tempted to hide money, especially if you and your spouse have a rocky relationship, but it is a big mistake. It can lead to a loss of credibility with the judge, increased legal fees, and tension in an already stressful situation. 

Take any steps you need to protect your assets and income. Do it with integrity and out in the open.

Step #3. Create Separate Bank Accounts

Once you decide to file for divorce, it is an excellent time to establish your checking and savings account. While it may be challenging if your relationship with your spouse is complicated, do your best to begin separating your finances.

If you are concerned about telling your spouse you want separate accounts as you fear you may end up with no money, you may wish to withdraw half the money to move to an individual account. It is also essential to immediately notify your soon-to-be ex-spouse about what you did for transparency purposes and take action to close all joint accounts as soon as possible.

While one spouse may abruptly withdraw all of the money in the account, the judge will not view it favorably unless there is an excellent reason.

Step #4. Start An Emergency Fund

Your new savings account can double as your emergency fund for now, or you can open an account specifically for this purpose. An emergency fund is a great idea even if you are married and ideally should have enough to sustain you for three months.

Step #5. Hire A Divorce Attorney

During a divorce, emotions will often run high, and hiring a divorce attorney to help navigate the complexities of family court, help to protect your rights, and watch out for your best interest is critical. If you fear you will end up with nothing, the law is there to help and protect you.

For example, your lawyer can free any accounts at risk or free up funds for your living and legal expenses. If your ex-spouse empties a joint bank account, spends money on gifts or travel for a third party, transfers money, or takes on debt. In that case, your attorney can bring attention to it during the settlement if it can be proved the actions were taken in anticipation of the divorce.

Step #6. Hire A Forensic Accountant

Not everyone needs or can afford a team of high-level professionals during a divorce, but if you have a high net worth and think your spouse is hiding money from you, consider hiring a forensic accountant.

A forensic accountant will reconstruct your income and asset picture based on your expenses and lifestyle. When assets are kept in a domestic asset trust or offshore, they can be difficult to access even if they are considered mutual. Hiring an attorney with experience in asset trust can be beneficial; however, even then, you may not be successful.

Step #7. Hire Professionals To Ensure Paperwork Is Filled Out And Filed Correctly

Hiring an experienced divorce attorney will ensure that all necessary paperwork is completed accurately. If you and your spouse are splitting a retirement or pension plan, your lawyer will likely need to file a QDRO (qualified domestic relations order). If you choose to navigate your divorce on your own and fail to file the proper paperwork, you will not be able to receive your share even if you are entitled to it under the terms of your divorce.

Step #8. Require Insurance For Your Ex-Spouse If You Are Relying On Support

If your ex-spouse is paying child support or alimony, they need to carry life and disability insurance just in case of injury or death to mitigate further financial hardship.

Step #9. Consider Insurance For Yourself And Update Existing Policies

you may want to add life insurance for yourself if you don’t already have it. If you do, update the beneficiaries to someone else, like a sibling, your children, or parents. 

Step #10. Monitor Your Credit 

Make sure you check your credit school regularly and ensure creditors are aware of your upcoming divorce.

Step #11. Keep Possible Taxes In Mind

Make sure assets that carry significant taxes are split fairly. For example, money in a checking account will be taxed differently than money in a 401(k).

Step #12. Remember To Include Extracurricular Activities In Child Support

If your children play sports, go to camp, dance, etc., these fees can add up fast and need to be included in child support payments to avoid returning to court or renegotiating child support later.

Hire An Experienced Divorce Attorney To Protect Your Rights

At Azemika & Azemika, we understand the needs of those going through a divorce in California. Our skilled expert attorneys specialize in family law, divorce law, division of property, adoptions, child support, and custody in Bakersfield, California. Contact us today to get the support you need, and let us help protect your rights.