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If you are thinking about divorce, it might be a good idea to understand what your legal rights are during the procedure. Protecting your legal rights can ensure that you are on-track to possibly acquire what you want from your divorce.

Whenever possible, make a good faith attempt to work things out, and always weigh the consequences of your actions. The following suggestions are intended for situations where a divorce is likely to become adversarial:

  • If you have children, moving out too soon may impact custody later. However, if staying will cause tension between you and you and your spouse, try to minimize friction. Consider time-sharing the family home with your spouse until custody and divorce issues are worked out.
  • Your spouse has no more right to take the children from their family home than you do.
  • If you and your spouse cannot agree on divorce issues, contact an experienced family attorney to represent you.
  • Cancel all jointly-owned credit cards because if the card remains jointly-owned during this process, you and your spouse will be equally responsible for any debt incurred.
  • Safeguard all personal papers and make copies of important records, such as birth certificates, bank statements, real estate records, titles, deeds, tax returns, etc.
  • Make a record of all marital property by video recording, if possible.
  • Secure valuable personal property, such as a stamp or coin collection.
  • Reduce unnecessary expenses immediately. Cancel unneeded utilities, such as cable TV, extra phone lines.
  • If there is domestic violence, call the police immediately and request a restraining order.

If you are considering divorce, consult with an attorney to find out your legal rights. Call the Riverside County family law offices of Heath Baker in order to get a better notion of what may lie ahead in your divorce.