by Admin on August 22, 2010
Apart from the emotional strains arising from getting a divorce, there are also legal and financial issues to consider. Creating a divorce checklist is indeed helpful for you to cope much easily with this demanding process. By preparing a list, you can prevent overlooking essential matters while going through the divorce process.
Get an attorney
Hiring a good divorce attorney to represent you is one of the primary things you should do. Find the one who you feel most comfortable discussing about your marriage. A good quality attorney will be able to guide you in understanding the process and walking your way through it.
Gather Financial Documents
Gather and organize your tax returns, investments, and other related documents. Make duplicate copies of these records and be sure to keep them in a safe place because you need to show these to your attorney.
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Create a Calendar of Events
Some people think that divorce is just a quick process. Because the schedule of divorce courts is always full, it is possible that you may have to wait for quite some time before you get your turn. It is important to make a calendar of events and must include court dates. If you do not write down these events, you may not remember all the dates. If you keep a timeline, it will help you to easily track down where you are exactly in the divorce process.
Make a Separate Account
It is necessary to open separate savings, checking and credit accounts. It will be more uncomplicated to separate your finances afterward if you already have a separate individual account of your own.
Communicate with your Spouse
You and your future ex-spouse should talk about how you will deal with children and other dependents. This may seem one of the most difficult parts of the divorce process for many couples. However, if you discuss about these matters ahead of time, it may help you resolve the issues early on, or at least it lets you determine whether these matters would be a problem in the future.
Deal with Division of Property
It will be a more preferable course of action to take if you can negotiate a settlement and decide harmoniously on how to divide your property or assets, than to let the court make the decision for you.
Amend your Will
Some people think that it is premature step to change the will. However, if your personal circumstances change and you feel this necessitates a change of the will in order to take care of the right people when you die, then you should take this in consideration.
Determine Your Need for Your Own Health Insurance
You have to know if you can still be given group insurance rate by the employer of your spouse. If not, it may be an appropriate time to consider getting your own health insurance.
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Inform the People Who Need to Know
You should inform significant others such as your family members and friends about the divorce. Aside from that, you should also notify your employer, insurance handler, and the one who manages your pension plans for them to know about the impending status change.
by Admin on August 17, 2010
If you are contemplating on getting a divorce, there may be a lot of questions going on inside your mind. For you to have a general overview about divorce and what the entire process is all about, here are the most important divorce details you need to know.
Finding a Good Divorce Attorney
It is essential to look for a lawyer that specializes in family law. Family law includes legal issues such as divorce, child custody, visitation rights, child support, nuptial agreements and other related matters. There are several ways to find a good divorce attorney such as getting referrals from trusted individuals who have been through a divorce, bar associations in your locality, lawyer referral services, websites of law firms and lawyer directories on the internet.
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The Duration of the Divorce Process
Since divorce laws vary from state to state, the time frame of a divorce process depends on the state you are located in. In the state of California, for instance, six months is the least amount of time it takes to get a divorce from the date when the divorce petition was filed. Generally, it takes approximately one year for a divorce to be finalized.
The Cost of Divorce
The costs of divorce vary since every divorce is different. The costs will be much less if the divorce is amicable or harmonious and a settlement is negotiated before trial. On the other hand, if both parties cannot agree mutually and cannot avoid undergoing a court trial, the cost could become significantly expensive. The cost of a divorce attorney depends on the number of hours the lawyer works on your case since most divorce lawyers charge in an hourly basis. There are some divorce lawyers though that offer payment plans to make it more affordable for their clients.
Divorce and your Children
Both parties must make a mutual decision as to who will take care of the children. Each spouse is accountable for supporting any minor children. In particular circumstances, this responsibility may extend beyond the age of 18. Evidently, child custody issues can be difficult to deal with for both parents. The most important thing to consider is the best interest of the children.
Child Support
Again, it depends on the laws in your state with regard to the amount of child support that you should pay. Child support is given to the parent with primary custody of the children. The amount of payment is usually based on the income of the paying spouse, cost of living expenses and specific needs of the children.
The Divorce Process
Initially the spouse finds a lawyer who assists him or her prepare the petition for divorce that specifies the reasons for the divorce and your terms for the divorce. The petition is filed with the court and must be served to the other spouse. The recipient spouse must file a response within a specific time frame. If the spouse fails to do this on time, the divorce is considered an uncontested divorce. If a response is filed, the responding party must specify the demands they are requesting. Next, all related documents must be laid out to make decisions about the issues involved. They can try to settle the case before trial and submit the agreement to the court. If the judge does not approve, the case will then go to trial. The judge will then decide on the case and decides on the divorce terms.
Thinking of a divorce? Read this article about how to achieve a divorce without war.
