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Divorce and Your Money - #1 Divorce Podcast

Visit us at https://divorceandyourmoney.com. Join Shawn Leamon, MBA and Certified Divorce Financial Analyst as he breaks down divorce with practical advice to protect your financial interests. With more than 500,000 listeners and 200 episodes, Divorce and Your Money is the podcast #1 divorce podcast in the nation. Get your questions answered, checklist your way to financial freedom, and safeguard your new future with an expert’s help… because you and your family are worth it.
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Now displaying: October, 2017
Oct 25, 2017
Electronic evidence may come into play in your divorce case. Electronic evidence can be from your computer, phone, text messages, apps, cameras, bank accounts, and so on. Everything you do these days has a record. You may need to look for evidence of your spouse doing something they shouldn’t, like getting a hotel room. It’s increasingly common for people to leave an electronic trail that can come back to hurt them later. Most people forget that everything they do is tracked, one way or another. 
 
As you go through the divorce process, keep these tips in mind.
 
1) Be aware that everything you do is recorded or could be recorded.
2) Do not try to hide assets.
3) Be aware that what you say or do can be taken out of context.
 
For example, if you make a threat during an argument or send a nasty text message, it can come back to haunt you. If you are about to say or do something that you might regret, take a step back and calm yourself down. All of your conversations on social media have a record of them, so they can be subpoenaed. Likewise, monetary transactions through your bank or credit cards will be traceable. Be aware if there’s something your spouse may have done, you may be able to access those records.
 
There are records of all assets, so it’s a bad idea to try to hide money. If someone really wants to track down money that went missing, they could. It can come back to hurt you during the divorce process, or even several years later.
 
As an example, let’s say that you are playing with your kids, and you playfully say, “I’m going to beat you up!” Your spouse might write that down and later tell a judge, “On Tuesday, June 2, he threatened the kids and said he was going to beat them up.” On paper, that transcript looks terrible for you. Quotes can be taken out of context in divorce to be used against you.
 
Technology is evolving so quickly that people often don’t comprehend all the repercussions it can have. Technology that is convenient on a day-to-day basis can ultimately hurt you during the divorce process. Minimize your interactions with your spouse. Be careful with what you say (verbally and electronically) as you are going through a divorce. Remember that what you say and do can end up hurting you later.
 
Before you go, visit divorceandyourmoney.com:
1) Sign up for the email list to get exclusive tips you won’t find anywhere else.
2) To get access to the best divorce resources in the United States, check out the store here.
3) Get personalized help. Learn about coaching services here.
 
Thank you for listening!
Oct 18, 2017
In this episode, we’ll discuss tips for when you’re going to court for divorce, whether it’s for a hearing or for a trial. If you will be going in front of a judge for your divorce, you should be prepared. Try to avoid making some of the most common mistakes with these tips:
 
1) Real court is not like television.
2) Dress appropriately
3) Show up early, but expect to wait.
4) There are time limits.
5) Not everything you may want to cover is legally relevant.
6) Answer questions truthfully.
7) Don’t do something dumb in the heat of the moment.
 
Court is not glamorous or exciting. Don’t expect it to be like television shows.
 
It is important to dress appropriately so that you make a good impression. Dress business professional, like you would for a job interview at a large corporation.
 
It can take time to find parking and get through security, so allow ample time. Arrive at least half an hour in advance. Even if you are on time, you may have to wait to be seen.
 
Every court has rules as to how it proceeds. For example, in Dallas, one court gives each side twenty or thirty minutes to present their case, and that’s all. You should ask your attorney or the courthouse in advance how long you will actually have. You need to be efficient.
 
You need to know what is important when it comes to your case. Details of what happened during your marriage will not necessarily be relevant. For example, in some cases, infidelity will have no impact on spousal support, so there is no reason to discuss infidelity while you are discussing spousal support.
 
If you are asked a question by anyone in the courtroom, answer truthfully. Don’t lie, because often whatever you say will be part of a permanent record, so it can cause problems for you later.
 
When you are in court, there are a lot of emotions tied in. You may have adrenaline going, or get set off by something your ex says. You may find yourself flustered or have an urge to do something that will ultimately be unhelpful to you. Don’t say or do anything you might regret.
 
Before you go, visit divorceandyourmoney.com:
1) Sign up for the email list to get exclusive tips you won’t find anywhere else.
2) To get access to the best divorce resources in the United States, check out the store here.
3) Get personalized help. Learn about coaching services here.
 
Thank you for listening!
 
Oct 11, 2017
In this episode, we’ll cover five things your attorney must be doing for you. If they are not doing these things, your case may be in trouble. We offer a course on managing your relationship with your attorney, because it is one of the most important aspects in your divorce. You should be concerned if your attorney is not doing any of these things:
 
  1. Your attorney does not return your phone calls, emails or messages quickly.
  2. Your attorney does not keep you informed on your case.
  3. Your attorney misses deadlines or waits until the last minute to file reports.
  4. Your attorney does not bill you regularly.
  5. Your attorney does not close the case when the divorce is over.
This is inexcusable. If you contact your divorce attorney and they do not reply within a day or two, it is a bad sign. You should be able to expect them to at least reply quickly that they have received your message, even if they are having a busy day in court or are on vacation. They may not be able to give you a detailed response immediately if it is something that they need to look into, but they should communicate that with you. If they do not, you may need to make a change.
 
This is closely connected to the point above. Your attorney should check in with you to let you know what has been going on with your case. There may be times when nothing is happening with your case, such as when you are waiting on a court date for a minor issue. However, if there are things going on, your attorney should keep you apprised of what is happening. Keep in mind that you also need to be proactive. Check in with your attorney to see if anything has happened lately.
 
This problem does not come up often, but when it does, it is a major issue. It can be hard to tell if this happens because the attorney is just bad with deadlines or if your case simply isn’t a priority for them. In a recent case we dealt with, the attorney repeatedly waited until 24 hours before a major deadline to submit key information to their client. The client then had to scramble to complete their part in time. It can put you in a bad position where you may have to miss deadlines to ensure you submit accurate information. 
 
You should be getting a bill every month, rather than a large bill after several months. This will let you know how much of your retainer has been spent, how much time has been spent on your case, and what progress has been made. The bills should be clear about what was done and how much time was spent doing each task.
 
It is very tempting to put the case aside when it has been settled. However, there are still several steps to complete the divorce: taking names off accounts, transferring assets, signing documents, and so on. You want the end of the divorce to go as smoothly as possible, and to be sure that all the small details are wrapped up. If your attorney forgets to tie up all of the loose ends, it can cause problems for you down the line.
 
If you find yourself in one of these situations, what do you do? First, make sure that you are staying on top of things yourself as much as possible. For example, check in with your attorney to see what has been going on with your case. However, if there are serious issues that keep coming up, it may be a sign that you need to look for a new attorney. These issues will probably not get better over time, and if the problems are severe, it can impact the rest of your life.
 
Before you go, visit divorceandyourmoney.com:
1) Sign up for the email list to get exclusive tips you won’t find anywhere else.
2) To get access to the best divorce resources in the United States, check out the store here.
3) Get personalized help. Learn about coaching services here.
 
Thank you for listening!
Oct 4, 2017
In this episode, we will discuss your involvement in the divorce process. You can have any number of experts helping you – lawyers, accountants, certified divorce financial analysts, valuation experts, social security experts, and so on. However, at the end of the day, it is your life and your divorce, so it’s up to you to stay on top of this process. Here are some of the major areas for you to be working on:
 
  1. Complete your statement of net worth or financial affidavit.
  2. Make a budget.
  3. Document everything.
  4. Complete your interrogatories and depositions quickly and truthfully.
  5. If you are using experts, help provide context.
  6. Participate in your settlement negotiation.
 
This is one of the first steps you will need to take in your divorce process. You will need to get your financial information together for your attorney and other experts. If you make a mistake on your financial affidavit, it’s your fault. Get help with this if you need it, because the court will use your financial affidavit to determine things like spousal support, child support, and the division of assets. You can find more resources for your financial affidavit in our store.
 
Make sure you put together a post-divorce budget. How much will you have to spend on housing when your divorce is over? What will your living expenses be? What will your car payment be? How much do you normally spend on groceries and eating out? What expenses do your kids have? Your life is going to change as a result of the divorce. You will probably have less income but more expenses after a divorce, so you need to plan for these things now. It will help you keep these things in mind during your settlement so you can negotiate for what you need.
 
In divorce, there will often be he-said-she-said disputes, but if you have documentation of what happened, you can submit that information to the court so there will be no question. The method of documentation will vary depending on what it is. For transactions, your bank record or credit card statement is good documentation. For property, you may want to take a picture. Document communication that you have with your spouse, especially if there’s anything negative, like a threatening text. Documentation will allow you to present your case in a much more compelling manner.
 
Often, you will have to complete interrogatories or give depositions during the divorce process. Just make sure you do so in a timely fashion. Even if your spouse is withholding information or lying, it doesn’t mean you should. Take the high ground and provide truthful, complete information. You don’t want it to look like you’re hiding things or being intentionally misleading.
 
Experts will need context to be able to help you. For example, if you go to a forensic accountant and ask them to search for assets, that isn’t very helpful. If you can provide more context, like a business that you own that had some suspicious transactions, tell them. Give them information to work with so they are better able to help you.
 
Clarify your priorities with your attorney. Make sure you are fighting for what you want, and that you aren’t losing out on the things you need. Clarifying your priorities will also help you avoid spending a lot of money on legal fees on things that aren’t important. It’s up to you to make your wishes known and be involved in all parts of the divorce process.
The more involved you are in the divorce process, the better. It will help reduce your legal fees and expert fees if you invest your own time. Eventually the divorce process will end, so you want to set yourself up to be in the best position possible.
 
Before you go, visit divorceandyourmoney.com:
1) Sign up for the email list to get exclusive tips you won’t find anywhere else.
2) To get access to the best divorce resources in the United States, check out the store here.
3) Get personalized help. Learn about coaching services here.
 
Thank you for listening!
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