Not so fast: How to make sure you are protected when you spouse leaves | The Law Offices of Dorie A. Rogers, APC
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Not so fast: How to make sure you are protected when you spouse leaves

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Many people who have decided it's time to end a marriage do not always do so with respect for the spouse they are leaving behind. Maybe they've decided a move to their parents in Oregon is the next logical step--and they plan to take the kids with them. Maybe they feel they have a right to more than half of your bank account and they try to empty it before filing. Worst of all, maybe things have gotten heated and you fear for the safety of you and your children.

Is there anything you can do? You haven't even gotten to the basic paperwork of divorce, and you are already worried your future is unfurling without you.

Can I protect myself?

The best way to protect yourself is by getting an attorney as soon as possible. Even in divorces that initially seem amicable, you are wise to secure your assets and assure proper custody of your children. There is no need to have a court date on the calendar before moving forward--emergency orders can be filed quickly in order to safeguard everyone's future.

An ounce of prevention is worth a pound of cure

Your ex may not currently be thinking of taking the kids to live with her parent's one state away, but why not prevent that possibility before it even arises? Similarly, your ex may not be thinking he needs to withdraw half the bank account balance now that he has left the family home, but the only way to be certain he won't is by having an emergency order.

In short, an emergency order can encompass any decision that needs to be made as soon as possible. Being proactive is the single most effective way to ensure your divorce goes smoothly, and as fairly, as possible.

A word about domestic violence

Even the most level-headed person can be pushed toward desperation and fear when their marriage is ending. Mild-mannered people who previously were calm and collected can be overcome with emotion and make choices they might not otherwise.

If you have been hit, shoved, pushed or in any other way physically harmed, or if you have been the victim of repeated verbal assaults or threats, contact the police and hire an attorney immediately. Retraining orders can usually be filed the same, or next, day and courts generally grant them on your testimony alone.

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