PREPARING FOR MATRIMONIAL LITIGATION

1. Find a competent and reliable attorney who specializes in family law and matrimonial dissolution law.
2. Examine the contents of prenuptial agreements, if any, before proceeding any further.
3. Gather documents (such as marriage certificate, birth certificate and baptismal certificate of your children, land titles and deeds, inventory list of all valuable chattels, jewelry, cars, appliances, bank accounts, stocks, bonds, pension plans, investments, mortgages, personal loans, credit cards, tax return, asset and liability statements, insurance policies, medical reports and billings and social security earnings statement) and find lay witnesses to help you prove your case.
4. Retain qualified expert witnesses who are required to testify on the technical aspects of your case.
5. Save a financial war chest to cover all litigation expenses.
6. Negotiate a settlement agreement with your spouse that covers the division of community estate, spousal support pendente lite (while litigation is pending), child support, child custody, and visitation rights out of court.
7. If negotiation fails, explore other rational alternatives to resolve property, support, custody and visitation issues (such as mediation and arbitration).
8. Discuss, before separation if possible, a reasonable and liberal custody and visitation arrangement with your spouse. If this cannot be done, ask your lawyer to file at once for a court hearing for temporary child support, child custody and spousal maintenance.
9. If possible, keep the discussions with your spouse on friendly terms. Try to seek a common ground and minimize unnecessary conflicts with your spouse.
10. Try to avoid the temptation of representing yourself. Refrain from discussing your case with anyone other than your attorney.
11. Secure a temporary freeze order from the court to prevent assets from being dissipated and squandered by your spouse.
12. Initiate discovery proceedings early to identify and recover hidden marital assets, including the annotation of an adverse claim, implied trust, power of attorney or lispendens at the back of the transfer certificates of title of real estate which are believed to be marital property.