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China divorce lawyer give you advice when you decide you get divorced with your Chinese Husband or Wife - how to handle your divorce in China

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China divorce lawyer give you advice when you decide you get divorced with your Chinese Husband or Wife
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Talk to a Lawyer

The sooner you learn what might be coming, and what you can do about it, the more choices you have and the better your chance of protecting yourself.  Now is the time to get advice from someone who is very familiar with what you are dealing with, and who can help you avoid trouble before it happens.  A good lawyer is not automatically a “warmonger,” and can often suggest approaches that will help you avoid the need for a fight.

Collect and Secure Financial Records

Now is the time to locate and secure all kinds of records: debt (credit cards included), property, income (for both you and your spouse), investments, taxes, retirement savings plans and pensions, insurance policies, bank statements, etc.  Stop throwing away your old pay stubs, bills, bank statements, etc.  Gather, organize and secure documents having anything to do with money, with special attention to balances and asset values as of both the date of your marriage (if applicable), and the date of your final separation.  Keep these records, or copies of them, in a protected location.  It is always better to have more records than you need, rather than too few.  Avoid writing on them!

Secure Your Personal Property

This is especially true for small, valuable items such as jewelry, and for items of mainly sentimental value that can be easily held hostage, hidden or destroyed.

Secure Your Financial Resources

Might your spouse drain your bank accounts and make the money disappear?  Is there cash in the house that your spouse can seize? Are you financially dependent on your spouse?  During separation and divorce, your circumstances can become more challenging before they get easier. Securing a measure of short-term financial stability for yourself is a wise course.  If you might need to rely on friends and family members to support you for a time, consider discussing your situation with them in advance to find out what kind of safety net might be available to you, and how quickly.

Consider Shutting Down any Joint Credit Lines

Joint credit lines, as well as credit lines for which one spouse is an authorized user, are an invitation for one spouse to get the other deeper into debt.  Sidestep the problem by shutting down joint credit lines and revoking your spouse’s authorization to use your credit cards.  You should get a copy of your credit report to ensure that you did not miss anything, and to verify that no new credit has been taken out in your name and without your knowledge.

If You Are Moving Out, Take Any Property You Need

Emptying your former home to the bare walls is harsh medicine if there is a reasonable alternative, but also consider that whatever property you might need that does not travel with you when you leave is something that you may have to buy again.  Might your spouse be thinking along the same lines?  Right now, either one of you has the ability to take property from where both of you can access it, to a place where only one of you can go.  Judges do not want to have to deal with the “pots and pans,” so it is always wise to assume that if you leave something in the house at the time you move out, you will never see it again.  Most often, a court will assign only a collective “tag sale” value to the contents of the average home.

Discuss the Children

If the two of you have children together your relationship with your spouse will change, but will never end.  It is all too easy for children to get caught up in disputes between their parents, and they will probably be much better off if you can protect them from the worst consequences of your separation.  Children deserve parents who can respect and support their relationship with the other parent.  Your children will adjust to their new situation faster and better if you can shelter them from the issues between the adults.  Separated parents can raise children successfully, if they can find a way to work together for their children’s benefit.  If the court is invited into your custody dispute the judge will try to resolve the situation in a way that best protects children’s best interests, but no judge loves your children or truly knows what is good for them as well as you do.  There simply is no good substitute for two parents working together in the best interest of their children.  Consult your family lawyer for approaches that might help to minimize the prospect of fighting over the custody and welfare of your children.



 
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