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Introducing a new five-part series of revealing articles focusing on the collaborative approach to divorce. At the Law Office of Ronald L. Hendrix, P.C., we seek to educate and inform individuals who browse the internet in search of accurate information about the available divorce options. Our series on collaborative divorce is a must-read for anyone considering divorce.

When a couple is going through a divorce, one of the most important initial components is to establish the assets that they have compiled together during the marriage. In a traditional divorce, when attorneys formally request this information from both parties, it is known as the “discovery process”.

The full discovery process may include subpoenas, interrogatories, depositions, and other motions regarding discovery and investigation and presentation of financial matters. It is not uncommon in a marriage for one spouse to handle all the finances, and for the other to have little knowledge of the couple’s expenses, account balances, investments, and debt. When entering into a divorce, it is important that both parties have a clear picture of their financial situation. To that end, the ultimate goal of the discovery effort is to accurately and completely identify the assets of the parties so that they may be divided in a fair and equitable manner.

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Introducing a new five-part series of revealing articles focusing on the collaborative approach to divorce. At the Law Office of Ronald L. Hendrix, P.C., we seek to educate and inform individuals who browse the internet in search of accurate information about the available divorce options. Our series on collaborative divorce is a must-read for anyone considering divorce.

In the years after a divorce is finalized, sometimes couples find it necessary to make changes to their divorce decree. Understandably, individuals often choose to return to the attorney who handled their divorce to make these post-decree changes. It may come as a surprise to them that, by initially participating in what is known as the “collaborative” divorce process, it may not be an option to return to their original collaborative divorce attorney for post decree issues.

There are many situations that may arise in which an update to a decree is warranted. Whether it is a matter of terminating maintenance due to the receiving party cohabitating, clarifying how the parties will pay for college tuition, or negotiations due to one party’s desire to relocate minor children, post-decree issues such as these are relatively common. Those who choose to return to the attorney who handled their divorce case do so for several reasons. First and foremost, a returning client often feels that their attorney represented them well in their divorce, and there is no substitute for a skilled and effective attorney. Additionally, a divorce attorney is required to maintain their client files for seven years after the conclusion of a case. This means that for that length of time all the documents, financial information and personal information related to the case are readily available through the original attorney. Eliminating the need to re-compile this information saves considerable time and expense. Finally, an individual is likely to return to the attorney who has personal knowledge and the details of their case, and with whom they have previously established a working relationship and a level of comfort.

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Introducing a new five-part series of revealing articles focusing on the collaborative approach to divorce. At the Law Office of Ronald L. Hendrix, P.C., we seek to educate and inform individuals who browse the internet in search of accurate information about the available divorce options. Our series on collaborative divorce is a must-read for anyone considering divorce.

When deciding to proceed with a divorce using one of the available approaches, the first step is to choose and retain an attorney. It sounds simple on the surface, but this first step may be the most important decision you will make, and your choice will certainly affect the process as well as the outcome. Prior to hiring an attorney, you may conduct research on the internet, read Google or other online reviews, or receive a recommendation from a friend, co-worker or relative. These are all excellent ways to assist you in finding a reputable attorney, and after meeting and finding an attorney you feel comfortable with, you normally retain that attorney. As you would expect, this decision is solely your own to make and should be without undue outside influence. Like you, your spouse also has the right to independently explore options and secure his or her own attorney.

Any attempt to influence your choice of an attorney is inappropriate and should be interpreted as a “red flag”. This is especially true, and an unfortunate reality, when entering into a collaborative divorce when only a handful of collaborative attorneys may be present in any geographic area. Should your spouse hire a collaborative attorney, do not be led to believe that your choices of attorneys to represent you are then limited to a select few. This is absolutely false. Beware if your spouse’s attorney claims not to do cases with a particular attorney or refuses to work with an attorney who you have already interviewed and hired, or worse yet, provides you with a list of “preferred” or “recommended” collaborative attorneys. Your spouse’s attorney only has your spouse’s best interest in mind, and is attempting to control the case, and more importantly, the outcome. There are numerous collaborative attorneys, and a list of three or four which may be provided to you is simply a “safe list” for your spouse and your spouse’s attorney. If you find yourself in this situation, you should immediately commit to choosing an experienced attorney with both knowledge of the collaborative process and extensive courtroom experience. Remember that the choice of who represents you is yours, and yours alone.

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Tips for Surviving Your Divorce

Posted on in Uncategorized

Couples who have decided to divorce have a lot on their minds. While retaining an attorney to represent them will be their first step in the process, there are other important initial steps that should be considered in the early stages of divorce.

Make Copies of Everything

Once the decision is made to divorce, it is important to gather as much information as possible about your spouse. It is not uncommon for one spouse to know very little about what the other has in regard to income, expenses, investments and retirement assets. Sometimes when divorces are underway, the documents which provide this important information “disappear”. Considerable time and money can be saved by making copies of everything as early as possible, as formal discovery and subpoenaing bank records can be very costly.

Retirement assets can be partially or entirely marital assets, and will be divided accordingly between spouses. When collecting information, it is important to obtain documents detailing the value of these plans and the rules governing their liquidation or division.

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Addressing insurance coverage issues after divorce

In the immediate aftermath of a divorce, most people will need to spend some time focusing on getting their affairs back in order. A big part of this is adjusting to the financial realities of life in a one-income household. As such, most recent divorcees will need to reevaluate their insurance coverage in light of the fact that they are no longer married.

There are a number of changes most newly divorced people will have to make to their insurance portfolios. Some of the most common issues are discussed below.

Medical insurance

Individuals who were covered under their ex-spouse’s employer-sponsored health insurance will need to find new coverage once the divorce is finalized. Ex-spouses are allowed to continue COBRA coverage for up to 36 months after the divorce, but this coverage can be quite expensive. For new divorcees who do not have access to their own employer-sponsored coverage, it may make more sense to shop for health insurance on the private market.

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