By: Contributing Attorney: Carole S. Gailor. Carole S. Gailor, a Raleigh Family Law Attorney, is a leading North Carolina Divorce Lawyer. She is a Board Certified Family Law Specialist and a Fellow of the American Academy of Matrimonial Lawyers. Ms. Gailor is a founding partner with North Carolina Family Law Firm of Gailor, Wallis & Hunt, PLLC.
1. LOCATE AND COPY FINANCIAL AND OTHER RECORDS: It is essential that you locate and copy, prior to a separation, any financial records that may be in the household as frequently, the other spouse removes the records to another location when there is a separation. These records may include tax returns, bank statements and cancelled checks, brokerage statements, financial statements or loan applications, telephone records, credit card statements , receipts and invoices, insurance policies, pension or retirement plan statements and more. You should obtain at least 5 years worth of financial records, if possible, as this will save your attorney a great deal of time and effort and reduce your legal costs. Many people now maintain their income and expenses using software programs such as Quickbooks. If this is the case, you should download all of the Quickbooks data onto a CD or flash drive and update that information on a monthly basis. You will need these financial records to determine what the family’s standard of living has been in the 2-3 years prior to separation.
2. CONSULT AN ATTORNEY: You may not be ready to hire an attorney especially if there is a chance the marriage can be reconciled. However, you should consult an attorney at least once, to get basic advice about the divorce process, what options you may have and, given the particular circumstances of your case, what you should and should not do. Ignorance can torpedo your case if a separation ultimately occurs. To locate an attorney ask friends for recommendations. Another excellent resource to locate an attorney is the American Academy of Matrimonial Lawyers (www.aaml.org). AAML attorneys are generally the most experienced and well qualified divorce attorneys. The general issues you should address with an attorney include, custody and child support, spousal support, property distribution and attorney fees. In addition there may be other legal issues arising in the specific circumstances of your case. These could include criminal or civil domestic violence issues or assault and battery, sexually transmitted disease in the event adultery has occurred and more. It is important that the attorney you consult is told all of the facts of your case – good and bad – so he or she can correctly and effectively advise you of your options and make appropriate recommendations. In addition, you should ask the attorney questions about his/her services, experience and charges so that you have the information you need to ensure you know what the likely range of attorney fees and costs may be depending on whether your case may be settled or go to trial.
3. CONSIDER A PRIVATE INVESTIGATOR: In some cases, there may be an indication that a spouse is having an affair. Some typical events that may cause suspicion are: more frequent trips, frequent errands which take two hours instead of 15 minutes, change in appearance (losing weight, new clothes or haircut, cosmetic enhancements), unexplained phone calls, loss of interest in sex or discontinuance of affectionate behavior. If you suspect a spouse is having an affair you may wish to hire a private investigator. While you can hire an investigator independently, the better route is to consult with an attorney and ask for a recommendation. The investigation can be arranged through the attorney or by yourself. If you engage a private investigator, discuss the how the investigation will be conducted and the likely cost. Usually, a surveillance will take at least two investigators especially for overnight surveillance or for tracking. Investigation results are unpredictable. There is usually no way to know in advance whether your spouse will be meeting the person with whom he or she may be having an affair or whether they will be in a location where they can be observed or filmed at the time without detection. Because some means of surveillance are illegal in some states, you should inquire to make sure that the investigator will not use any illegal investigative techniques and specifically instruct the investigator that he/she should not do so.
4. BUSINESS INTERESTS: In many cases one or both spouses have an interest in or own a small business. If this is the case, and you have access to financial records regarding the business you should make copies of at least five years worth of financial information. It is more likely than not that the business will maintain its records on software like Quickbooks Professional. If so, download the Quickbooks data.
If you have missed Part 1 click on this link Divorce Education: Pre-Divorce Planning - Part 1
Coming soon: Please See Part 3 of this article.
For more information contact: Gailor, Wallis and Hunt, PLLC, a Raleigh, North Carolina Family Law Firm at 1101 Haynes Street, Suite 201, Raleigh, NC 27604, Tel: 919-832-8488 or go to www.gailorwallishunt.com.
Disclaimer: The information contained in this article is intended as a general guide and is not to be used as legal advice by Gailor, Wallis & Hunt, PLLC. Whether or not you may be entitled to take action in regard to the information addressed in this article can only be determined after a thorough review of the facts and circumstances of your case. You may contact North Carolina Family Lawyers Gailor, Wallis & Hunt, PLLC, a full service divorce law firm, at 919-832-8488 or 910-509-7223.
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