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Should Couples Separate Before Getting a Divorce in Carlsbad?

On Behalf of | Sep 16, 2020 | Divorce

Should couples separate before getting a divorce in Carlsbad?  Before filing for an actual divorce here in North County some couples may decide to attempt to physically separate while they determine if divorce is ultimately the right decision for them. Physically separating can give each person time and space away so that they can decide whether they want to work on their marriage or if they are happier on their own.

However, if couples separate before getting a divorce in Carlsbad or North County there could be important implications during and after the divorce itself.  This is why it is so important to seek the guidance and counsel of the highly recommended Certified Family Law Specialists at Burke & Domercq in advance of any separation or divorce filing.

If you are considering the impact of your decision to separate before getting a divorce in Carlsbad there are certain things you will need to consider in addition to the impact this decision will have upon your finances.

First, you should familiarize yourself with every aspect of marital finances, accounts, assets, investments, business ownership, and retirement accounts in addition to the monthly bills.  This is especially true if your spouse was primarily responsible for handling the bills.

You shouldn’t open any new bank or credit accounts or close existing accounts before speaking with our experienced family law attorneys.

If you are the spouse who will move out of the family home and you have children, your move could endanger your ability to see the children as well as the Court’s ultimate decision upon child custody and parenting time.

You will also want to carefully document the condition and presence of all assets.  Video is an excellent tool for creating a body of evidence in these matters, as well as original purchase documentation and ongoing maintenance receipts (if any).

Should couples separate before getting a divorce in Carlsbad?  Who will be liable for any debt that one or the other person accrues during the course of the separation? The best strategy in these cases is to consult with our proven divorce and family law attorneys to draft a separation agreement. This agreement should cover child support, child custody and parenting time, as well as the division of marital assets and debts should you ultimately decide to get a divorce.

Protect your own interests and contact us or call 760-389-3927 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists.