DivorceHow to Prepare Financially for a Contested Divorce

December 12, 2023

How to Prepare Financially for a Contested Divorce

Going through a contested divorce can be a challenging and emotionally draining process. Alongside the emotional aspect, it is critical to ensure that you are financially prepared for the legal journey that lies ahead. Adequate preparation can help protect your financial assets and secure your long-term well-being.

Gather and Organize Your Financial Documents

Prior to initiating a contested divorce, it is imperative to gather and organize all relevant financial documents. This will not only save you time and stress but also provide you with a comprehensive understanding of your financial situation. Key documents to gather may include:

  • Bank statements
  • Tax returns
  • Investment and retirement account statements
  • Credit card statements
  • Mortgage documents
  • Loan agreements
  • Property deeds
  • Vehicle titles

With these documents in order, you will be better equipped to present an accurate financial picture during the divorce proceedings and negotiate a fair settlement.

Assess Your Income and Expenses

Understanding your income and expenses is crucial when preparing for a contested divorce. Create a comprehensive list of all sources of income, including wages, bonuses, rental income, and any other financial resources. Take into account any potential fluctuations in income, such as seasonal employment or irregular bonuses.

Alongside income, it is equally important to evaluate your expenses. Itemize your monthly expenses, including utilities, housing costs, healthcare, transportation, education, and any other regular expenditures. This detailed assessment will allow you to paint a clear picture of your financial needs and help support your case when determining spousal support or child support.

Value Your Assets and Debts

Accurately valuing your assets and debts is an essential step in preparing for a contested divorce. Assets encompass any property or possessions of value, such as real estate, vehicles, investments, and valuable personal items. Determine the fair market value of these assets based on appraisals, market analysis, or professional advice.

On the other hand, debts include mortgages, credit card balances, loans, and any other financial obligations you may have. Accumulate documentation reflecting the outstanding balances and payment terms for these debts.

Virginia follows the principle of equitable distribution when dividing marital property upon divorce. This means that the court will aim for a fair but not necessarily equal distribution of assets and debts. Understanding the value of your assets and debts will enable you to advocate for your fair share during negotiations or court proceedings.

Protect Your Credit and Financial Accounts

During a contested divorce, it’s crucial to take steps to protect your credit and financial accounts. Consider the following actions:

  • Monitor your credit reports regularly to detect any unauthorized activity or changes.
  • Close joint accounts or convert them into individual accounts to prevent any potential financial liabilities stemming from your spouse’s actions.
  • Open individual bank accounts to secure your financial independence.
  • Ensure your bills and debts are paid on time to preserve your creditworthiness.

Taking these precautions will help safeguard your financial stability during and after the divorce.

Consult with Financial and Legal Professionals

Given the complexity and potential long-term consequences of a contested divorce, seeking assistance from financial and legal professionals is highly recommended. Consulting with a financial advisor or accountant can provide expert guidance on tax implications, asset valuation, and investment strategies.

Additionally, partnering with an experienced divorce lawyer will help protect your rights, navigate the legal process, and ensure you receive a fair financial settlement. In Virginia, marital property distribution is guided by the principles outlined in the Virginia Code section 20-107.3.

Conclusion

Preparing yourself financially for a contested divorce is a key step in securing your future financial well-being. By gathering and organizing your financial documents, assessing your income and expenses, valuing your assets and debts, protecting your credit and financial accounts, and seeking professional advice, you can navigate the divorce process with confidence and work towards a fair outcome.

At the law firm of Magee Goldstein, our experienced contested divorce lawyers are committed to helping our clients successfully navigate the intricacies of divorce proceedings in Roanoke, Virginia. If you require legal assistance or have specific questions regarding your divorce, we encourage you to contact our firm to schedule a consultation.

Chelesea L. Vaughan

Since 2013, Chelesea Vaughan has been representing clients throughout Southwest Virginia with a practice focused on contested family law, divorce, and custody matters, criminal defense, and business law. For a free consultation with Ms. Vaughan's Roanoke office, call (540) 343-9800.

Magee Goldstein Lasky & Sayers PC

114 Market St SE #210
Roanoke, VA 24011
Phone: (540) 343-9800
Fax: (540) 343-9898

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The Roanoke attorneys of Magee Goldstein Lasky & Sayers, PC, proudly serve clients in the areas of divorce law, bankruptcy law, estate law, and criminal defense, located throughout Roanoke, Virginia, and Southwest Virginia, including in Roanoke City, Salem City, Cave Spring, Botetourt, Fincastle, Lexington, Rockbridge County, Bedford County, Smith Mountain Lake, Moneta, Rocky Mount, Boones Mill, Franklin County, Floyd County, Christiansburg, Blacksburg, Radford City, and Montgomery County.