Check out my posting history for my background. I've been in family court for 16 years and I know the system like the back of my hand. Unfortunately, most of the people out there trying to advise you are either a) trying to sell you something, or b) trying to justify or rationalize their terrible decisions. As for me, I don't want or need anything from you so I have every incentive to tell you the truth. Five iron rules followed by commentary on each:
Iron rule #1: The best time to protect yourself financially is prior to a divorce being filed.
Iron rule #2: The second best time to protect yourself financially is after final judgment once the case is closed.
Iron rule #3: The worst time to protect yourself financially is after divorce is filed when your case is open. But- IMPORTANT! That does not mean that it can't be done. It's just harder.
Iron rule #4: The one financial issue that you should never mess with is child support. Keep it simple- go by your state's child support guideline calculator and pay the amount that it gives you. This is true if you are the payer but it's also true if you are the receiver.
Iron rule #5: In divorce, approximately 95% of all cases never see trial and yours is unlikely to be the outlier. Of those cases that go to trial, custody is almost always the most important contested issue.
Discussion on iron rule #1: (if you think your marriage may not survive but no one has filed for divorce yet, this is for you) This is your best opportunity to protect yourself. If your wife is a stay at home Mother, you need to either get her working full time at approximately the same income as you, or quit your job. Or better yet, do both. You should also be tirelessly working to save money for legal fees, restrict your wife's access to money as much as possible, and take away financial negotiating leverage for your wife. Depending on your situation, it may be (and often is) prudent to run up debt. Debt on assets is especially important. IMPORTANT NOTE ON IRON RULE #1: most men drastically underestimate how dire their situations are and how much risk there is if their wife were to file for divorce. Also, most men are unwilling to do what is necessary to protect themselves. ... reasons for this often include cowardice and fear. If you are reading this today, I challenge you to be the exception and to do what is right for your children, your family, and yourself.
Discussion on iron rule #2: Once your case goes to judgment, if there are subsequent controversies that can't be resolved via discussion among the parties, either party will need to open a new case and file a motion for contempt. Logistically, this may include re-retaining an attorney, having the other party properly served, taking considerable time and energy to properly word and file the appropriate documents, and paying considerable upfront fees; all with no guarantee whatsoever of success. For this reason, it's often an advisable strategy to defer payments in divorce. Example: if you agree to pay your ex 10k one year after divorce is finalized and you don't pay, what happens? The answer is that your ex will be put in the impossible position of either eating the 10k or spending close to 10k to chase the 10k that you owe her. If you consider the implications here, it is clear that this flaw in the system can be exploited in many different ways. Other examples include promising to pay debt in her name, then refusing to pay it after the fact, promising to pay attorney fees then refusing to pay them, and even promising to pay alimony and refusing to pay it.
Discussion on iron rule #3: We all know about financial restraining order and temporary orders. Nothing we can do about those. However, what can be done is to refuse to give away your case (see iron rule #5). The best way to do this is often to control your legal expenses and run up your exes. This can be done in a variety of ways and is very situation dependent; but basic principles are to instruct your attorney not to respond to your exes attorney unless your ex wants to settle at a fair deal (and by 'fair' I mean your definition of fair, not hers) and to bury your ex with discovery. Another thing that often works very well is put heat on whoever is financing your ex if that applies to your situation.
Discussion on iron rule #4: Without getting into a long discussion about the morality, let's just talk about the facts. If you don't pay your child support, the state will use every ounce of their power to get you to pay it. That includes suspension of driver's license and jail. DO NOT MESS WITH IT. JUST PAY IT. However, if you are the receiver of child support according to your state's child support calculator, you never ever never ever never want to waive it. Why? Because the child support order protects you. If your ex ever tries to change your parenting plan, the child support obligation will need to be unraveled; and that is no small feat.. even for a female obligor.
Discussion on iron rule #5: This may be the most important rule of all. When you look at your case through this lens, it often becomes apparent that everything that you've been told about divorce does not apply. It doesn't matter if your Judge likes or dislikes you. It doesn't matter how reasonable or unreasonable that you act towards your ex. It doesn't matter even matter a lot of the time how skilled your attorney is. Here is the one size fits all advice that will work in 95% of all cases: do not give away your case! For this reason, my strong suggestion is that you should never ever never agree to pay any alimony unless it's ordered after trial. And even then, see iron rule #2.