What Should People Do Before They Start The Divorce Process, Or Before The Filing Process Starts?
It is recommended that people go to marriage counseling prior to filing for divorce, and/or counseling to help them go through the divorce process prior to filing for divorce.
This way, both parties can deal with the issues they need to deal with before the divorce is started instead of dealing with all these emotions and issues during the divorce which only clouds what really has to be accomplished during the divorce and people really have a difficult time dealing with the legal issues.
Everything has to be accomplished during the divorce if they are so angry at each other and really have not dealt with the issues that are causing them to get divorced.
When Finances Are Concerned, Can The Person Do Something To Prepare Themselves For Their Single Life Or To Simply Protect Themselves?
It is advised that the spouse should say that the other spouse is going to dissipate the assets or takeoff with the assets that they put all the assets in their name for protection; so transfer all the money out of their bank accounts into their sole name if there’s a joint account to protect the assets.
What Should Be Done In Case Of State Planning Or Trusts Where Most People Have Their Spouse Named On?
If you have children, you can change the beneficiaries to U.S. Trustee for the children. And if you don’t have children, you could make the other beneficiary relatives or another significant other.
Should These Changes Be Made Before The Divorce Process Or Do You Have To Wait After The Divorce Is Complete?
Well, you could do whatever you want until papers are served. Once papers are served, you’re not allowed to change anything. Everything has to stay status quo.
Is There Any Way That You’re Entitled To Financial Support During The Divorce Process Before Any Alimony Has Been Settled?
Yes. You can serve with the divorce papers what are called Pendente Lite motions, motions that come up with finalization of the divorce; or you could file them anytime during the divorce process. You can do temporary motions for alimony, child support, custody, exclusive possession of the property, visitation, doing for any type of temporary order that you would like prior to the divorce being finalized.
When It Comes To The Divorce Settlement, Are There Any Ways To Modify Or Change Certain Things Such As Alimony, Child Support, Or Child Custody Once The Divorce Is Finalized?
Once the divorce is finalized, everything is modifiable based upon substantial change in circumstances except for property settlements. So, if you got the house in the divorce, that can never change. If you did get any alimony, then you can never go in for any alimony but if you got a dollar a year, you can always go in to get more based upon substantial change in circumstances.
And custody, visitation and child support are always modifiable about the finalization of the divorce based upon substantial change in circumstances.
Does That Mean That Years Later, If Something Changes, You Can Go Back? Is There Any Statute Of Limitation?
No. Anytime there is a substantial change of circumstances, you can go into court. There is no statute of limitations.
How Common Are Divorce Modifications? Does That Happen Quite A Bit?
Yes, they are very common.
What Are The Most Common Reasons Someone Would Seek A Divorce Modification?
If they lost the job, to try to get lower payments in alimony and/or child support; or if the other spouse changed jobs and is making substantially more money and you want to get more money for child support and/or alimony; or the children are about to go to college, you can go in as long as the court has reserved jurisdiction for an education support order, the parties can go in to get either party to pay a percentage of up to a percentage of Ucan Education.
Parties go in to modify custody and visitation because of different things that have transpired, and modifications are very common.
Is There Any Way To Fight The Proposed Modification To A Divorce?
You can go and dispute their claims that there is not a substantial change in circumstances and what they’re alleging is not true.
Is There Any Thing As A Temporary Modification Or Are All These Permanent Changes?
Yes, you can have temporary modifications.
Is There Anything That Would Make A Divorce Invalid Or Have To Be Reopened?
Yes, you can reopen a divorce if there was fraud or not full disclosure of assets but it’s very rare that a divorce is reopened.
How Common Is It For People To Try And Hide Assets Or Transfer Assets In A Divorce?
It does happen but it’s not very common.
If you are Going Through a Divorce in Connecticut and need answers to more questions, call the law office of Attorney David Volman for a free initial consultation at (203) 929-7771 and get the information and legal answers you’re seeking.
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