From the time thoughts of divorce first begin to the moment when action is taken varies greatly among individuals. For some couples, time to reflect on the myriad of issues which might impact a divorce is needed. This is completely understandable as the decision to divorce and questions surrounding divorce can impact a family in so many ways.
Many individuals think delaying divorce and waiting to file is the best way to go. In an amicable situation this makes sense, especially when there are complicated finances and/or children involved. With divorce there is much to consider and unpack. It is always prudent to make a plan and gather as much financial information ahead of time. For details about divorce finances, this blog, “Finances Before, During and After Divorce” provides insights.
However, in some instances, delaying divorce and waiting to file is not the best option. The decision to wait or file right away is complicated and could have significant consequences.
Why to Promptly File for Divorce
Filing for divorce immediately causes Automatic Restraining Orders (ATRO’s) to go into effect. Having a competent attorney, who can execute a plan to protect your future, can alleviate prolonged stress, anxiety and even parenting problems. Additionally, you can save significant money by not having to undo irreparable financial damage. Not only do ATRO’s, which are a means to maintain the “norm”, prevent a spouse from removing children from the state of CA, but they also restrain a spouse from certain actions against insurance policies, community or separate property related actions and certain nonprobate transfers. They help restrain a spouse from removing the other party from bank accounts, credit cards, insurance policies, title to real property and tangible property, like a car, in addition to taking action to sell a family business.
Spouses have a fiduciary relationship that mandates a duty of “good faith” and “fair dealing” and neither is allowed to take “unfair advantage of the other.” The law treats spouses just like business partners, which requires a spouse to be transparent in all dealings and act in both parties’ mutual best interest. Breaching a fiduciary duty to a spouse can result in monetary sanctions, and if there is an asset at issue that was dissipated, destroyed or not disclosed the punishment can be the loss of that asset in its entirety to the victim spouse.
In the End
If you are in a broken marriage, disputes tend to increase for most couples. If the issues seem to compound and become more difficult to work out then filing for divorce sooner rather than later may be the best decision you make to protect your future. Having the assistance of the experienced Orange County divorce attorneys at Buncher Family Law can help you more clearly understand how the law applies to your situation. Our attorneys will assist you in developing a strong game plan to move you and your family through the proceedings more quickly so all parties can start their new beginnings.