How to Protect Your Personal Property After Separation

A lot of divorces have a negative effect on children and surrounding family members. Regardless if you like it or not children have to live through this pain and cope with their parents separating. This loss and grief will last well into their adulthood with the secret hope that their parents will reunite again. On the other hand, a legal separation lawyer allows you to remain married but divides up your property, debts, alimony issues and custody of your children. A legal separation is an alternative to a divorce while a divorce dissolves your marital status.

Some married couples view legal separation as a temporary period where they are legally married but physically separated. It is highly recommend that an lawyer’s  services is secured in order to reduce and address grievances associated with personal properties of both parties. The earlier a lawyer services is engaged in the process serves to resolve competing claims for property. The ideal situation is to share the same legal separation lawyer. This reduces legal costs and presents one source for resolving issues.

Married couples are cautioned to do due diligence in selecting the right separation attorney.  Follow best practices for securing professional services. Use websites that are approved by national attorney association. These have rating systems based on national criteria for assessing performance and success in the legal field. Also helpful are testimonials from former clients. Married couples can work to create a short list. Contact the office of the separation attorney and request references. Follow up carefully with calls and questions. In most cases the first legal consultation is free. Take this opportunity to ask the separation attorney any outstanding issues raised from prior research. A good separation attorney will answer these questions and provide explanation on relevant issues. This is a good time to discuss timelines, major tasks, fee schedules and court costs. Take copious notes and then whittle down choice of separation attorney to 1 or 2.

When final selection is made, it becomes necessary to document personal property. This should be done separately. As a guide, each list can consist of 3 categories. Property that has joint ownership, work related items and personal items that were purchased by one party and used exclusively. Once these lists are complete, it should be shared with the separation lawyer. At this point, the separation lawyer can identify items under dispute. A list of disputed items can then be presented to both parties. Each party can make a case for the items under dispute. This should be done in writing. At this point the separation lawyer serves as an arbitrator. This conversations, emails and texts items can be reviewed. Of course, in person meeting is eventually vital at working out sticking points. Either party may have strong emotional attachments to items. These may include baby pictures, family furniture and vacation homes. Disputed items may include a long list or it can be just a few items. Here is the separation lawyer’s chance to shine. The lawyer’s arbitration skills and certification should be strongly considered when choosing legal services. These skills can be heavily taxed when emotional attachments to personal items take on exaggerated importance. The separation lawyer must do a finely tuned balancing act as the couple compete for possessions once shared. The lawyer must draw on past experience. Patience must be exhibited and sympathy expressed for all requests regardless of how trivial a demand or how strong emotional attachment to previously shared items such as first baby shoes, vacation homes and cars. The separation lawyer must establish an aura of impartiality and convince each party that all efforts are being made to an amicable outcome. Tools at the separation lawyer’s disposal include personal property sharing, scheduled usage and offers of fair exchange. One party may give up claim to a treasured item in exchange for another. Horse trading can become an unpleasant but necessary part of such conflict resolution.

Failure to achieve amicable resolution can lead to further unpleasantness that may require separate lawyers and eventually litigation in the family court system. The latter should be avoided at all costs because it it happens, the financial costs could be huge. A second separation attorney will not only double legal costs but also increase current costs since more billable hours are needed by the first separation lawyer to resolve outstanding issues. There is also the lack of trust generated from separate lawyer’s can will further poison negotiations.

Personal items are governed by defined classes depending on prior usage. Moveables usually require permission of the other party before possession is transferred temporarily or permanently. Moveables include refrigerators, washing machines, clothes, audio visual equipment and portraits, paintings and sculptures. Even when one party is the sole owner and can prove it with receipt and pictures, there is still the need to determine future ownership and access. This may take many forms including scheduled usage as agreed upon or determined by a judge. In cases where items are linked to work of one party such as power tools, computers and communication instruments, no permission is needed. For example, if power tools are used by one party who is a contractor, then that party can remove the tool because it will be used to work for the noble pursuit of earning a living.

Typically, moveable items cannot be sold without consent from the other party. One party who chooses to sell personal items under dispute may be guilty of ‘ seizure before judgment’. The court may step in and place a restraining order on the offending party. Further violations can lead to contempt of court charges. The offending party can face fines and possible incarceration. A good separation lawyer would warn clients of this danger. Also a good separation lawyer for the non offending party would explore all options to protect his/her client’s interests.

Personal items such as clothes, shoes and cell phones are accessible to either party. A separation lawyer can arrange for a police officer to accompany the party in need of those items. Also, the separation lawyer can ask a judge to issue an emergency decision granting access to the client. In so many ways a separation lawyer is very valuable to a client in what can be a traumatic experience.