March 2016 – Curtis W. Daugherty, PC

Facing a Divorce? Three Things You Should NEVER Do.

Your life is about to fall under intense scrutiny, not just from the courts but from well-meaning friends and family members. With that in mind, I’d like to offer these three directives:

Don’t Use Drugs or Excessive Alcohol. This may seem like a no-brainer, but going through a divorce can be a painful experience, and it’s not uncommon for people to “numb” their feelings. If you do, YOU will be the one that does something regrettable. If you should slip up in this area, for heaven’s sake stay off the internet and your cell phone, which leads me to the following piece of advice.

Don’t Send Nasty Text Messages, E-Mails or Voice Mails. Angry messaging can come back to bite you. Sending a text or email with all the things you want to say about your Ex in a moment of anger is just handing them ammunition, and they WILL use it against you in court.

Don’t Listen to the Advice of Friends and Family About What You Should Get or Give in a Divorce. Every divorce is different and what happened or worked in one doesn’t necessarily happen or work in another. With an attorney on your side, you have someone who has been through this more than once or twice, who is not involved in your situation, and who is looking out for YOUR best interest.

By Curtis Daugherty|2016-10-27T00:30:12-08:00March 25th, 2016|Categories: Divorce, Family Law-General|Comments Off

Three Things You Must Do if You Are Facing the Prospect of a Divorce.

Create a Rainy Day Fund.
Keep some cash somewhere safe that you can use for emergencies. Divorce equals Expensive. You’re going to need it.

Consider the Tax Implications of Your Divorce.
Your tax situation is about to change. Consult an accountant or CPA and find out how it’s going to effect your tax obligations. You might save yourself an expensive surprise.

Update Your Legal Documents.

Do you want your Ex to use that power of attorney you signed years ago to take out a loan on the house or to remove money from your retirement account? Do you want your Ex to make the decision on whether or not life saving measures should be taken if you have a serious medical condition? Do you want your Ex to receive all your assets if you pass away just before the divorce becomes final? These can be avoided, but only if you plan ahead.

By Curtis Daugherty|2016-10-27T00:30:12-08:00March 18th, 2016|Categories: Divorce, Family Law-General|Tags: Preparing for divorce.|Comments Off

Three More Things You Should Never Do When Facing a Family Law Matter

1. Don’t Incur Debt in Your Ex’s Name. Your Ex is going to know that they didn’t buy that thing you’ve always wanted or apply for that credit card. Why give your Ex something to use against you in court? Your Ex will wind up with whatever you bought and you’ll have to pay for it.

2. Don’t Increase Your Debt. Your financial situation is about to change…dramatically. There is no guarantee what the court will do and no guarantee that the child or spousal support will come through. This is a time to be conservative with your money.

3. Don’t Make Large Purchases. It’s hard to argue that you can’t afford to pay child or spousal support, day care expenses or whatever if you just bought a new car, boat, motorcycle, jewelry, clothes or whatever.

By Curtis Daugherty|2016-10-27T00:30:12-08:00March 10th, 2016|Categories: Family Law-General|Comments Off

Three Things You Should Never Do in Family Law

1. Don’t Hide Things From Your Attorney. Attorneys can deal with the facts they know about, both good and bad. But if you fail to tell your attorney about everything that your Ex might bring up to try to use against you, then you are setting your attorney up for failure, injuring your credibility with the Court and hurting your chances of getting what you want.

2. Don’t Dispose of Assets You Know Your Ex is Going to Request or Know About. Don’t take the tax return or any other assets your Ex are going to know about and expect to get away with it. It will cost you in the end.

3. Don’t Fail to Keep a Copy of All Communications With Your Soon To Be Ex. When your Ex gets upset and send you an angry or threatening text or email, keep a copy and give it to your attorney. They can be used to show the court your Ex’s lack of control. But they can also be used in negotiations to help you get one of the things that are most important to you.

By Curtis Daugherty|2016-10-27T00:30:12-08:00March 5th, 2016|Categories: Family Law-General|Comments Off