Category : Child Support

Home»Archive by Category "Child Support"

Important Steps to Divorce!



The planning of a divorce can be very difficult.  Be completely sure that you are 100% that you want a divorce before getting started.  Giving up on your marriage can be very overwhelming.  Be sure you have explored other resources such as marriage counseling or communication exercises before you commit to a divorce.  If possible, you and your spouse should work together and do your best to save your marriage before making any drastic decisions.

If all fails and you still are certain regarding the decision then, it is time to tell your spouse.  You must be prepared for the outcome, this can be the most emotional and difficult conversation you may ever have.  Get support from your family and friends and have them ready in case you are concerned your spouse may have a reaction that could lead to danger to either you or your children.  Be honest and upfront unless there is a security or custodial related need to not do so.

Inform your children.  If both parents can do this together, an honest explanation will provide reassurance and support to the children.  Consider researching other educational resources that will assist you to understand how to best communicate these difficult news.  It is recommended to do this before announcing the divorce to your children.


Gathering records is very important.  You will need to try and gather as many official copies of financial information about your spouse as possible.  This information can be legal, government, joint assets, joint debts, income records, employment records, insurance information and credit reports.  For your children, gather birth dates, current and past address records and social security numbers.

Obtain proof of ownership on all joint and personal assets and records of all joint debts.  Get copies of past tax returns, marriage license and any existing prenuptial agreements.

All of this information will be necessary when applying for a divorce either through an attorney or if you are using a “do it yourself kit”.

Divorce Preparation

You will need to decide if you are going to use an attorney or if you are going to use other methods to file for a divorce.  Divorce documents are available online and are a great way to keep costs low.  There are educational resources to assist you in understanding a divorce process.  You can look into other media such as, books, DVD’s or pamphlets to help you prepare for your divorce.  Take time to understand each step of the divorce process.

Custody arrangements are very important so begin to keep track of the time you spend with your children.  Make sure you log in all efforts in taking care of your children.

Prepare for a life apart

Speak to your spouse about all the accounts, debts and assets you share.  Make sure you close all credit accounts and joint bank accounts as early as possible.  Be sure to close all accounts in writing.  Speak to a professional about the negotiation process of dividing debts and assets.  Apply for your own credit cards and open your own bank accounts.  If needed, update your last will and testament as early as possible.

Use the address of your new residence or establish a secondary mailing address.  If sharing a home with your spouse for some time, store and save any sensitive information separately without access from your spouse.

A divorce does not have to be a difficult and stressful time.  Make sure to prepare and educate yourself in the initial steps to begin the divorce process.  By simply going to you can find several forms and kits as well as information to help you start your divorce process.

Use a Divorce Kit Today!

My Divorce Documents is one of the most trusted names in divorce documentation online today.  We pride ourselves in creating complete divorce kits that help our customers to file their divorces by offering on site downloadable divorce forms, restraining orders, child support and custody documents, and everything you need to complete our divorce papers, including name change forms.

Our downloadable divorce forms allow you to fill out the papers with our step by step guides in the comfort and security of your home or office when it is convenient for you.

Divorce can be a very frustrating and trying time.  If you and your spouse have come to the conclusion that divorce is the only answer, this kit will not only save you time, but dollars in legal fees and pain.

No-fault divorce is just as it sounds, neither party is at fault.  Some states call no-fault divorce “dissolution.  It simply states that there are “irreconcilable differences” between the two and they wish to terminate the marriage.

In the Do-It-Yourself Kit the following details will be covered for you:

  • Personal property and real estate
  • Child custody, support and visitation
  • Alimony
  • Debts and other obligations
  • Change to former name for the wife
  • Income taxes

Both Spouses Must Agree on the Following:

Both parties must agree entirely on the following listed details or this kit will not work for you.  Legal advice is recommended if you cannot agree on all aspects of ending the marriage.  If you and your spouse can agree entirely on the following few items, you are a perfect fit for this kit:

1) You must meet residency requirements for your state.  In most states, that is 6 to 12 months. The residency requirements for all states are listed in this kit.

2) Both of you must agree on all aspects of ending your marriage.

3) No pregnancy involved.

4) You must know the whereabouts of your spouse. He/she will need to sign the documents later. He/she will not need to appear in court, however, the person filing will.

5) You must be aware that there will be court fees you’ll pay directly to the court when you file. The fees vary in each state vary depending on where you live.  You can find out by contacting your county clerk’s office.

If you are able to agree on these items, it’s possible to save yourself lots of money in legal fees.  If you cannot agree, we suggest you seek legal advice.

Divorce is usually a very trying time, but if you and your spouse have agreed to all matters in regards to ending your marriage, this kit will definitely save time, heartache and hundreds of dollars.  Be sure to go over all situations, even real estate and children.  In addition to the cost of the kit, you will need to pay court fees.  These vary from state to state, even county to county.  You pay these fees directly to the court.  You can contact your county clerks’ office for actual fees.

To begin this low-cost downloadable specific state divorce process, please go to and see what we have to offer you now.

Options of a Divorce!

A divorce legally suspends a marriage.  Courts in the United States at this time acknowledge two types of divorces:

1) Absolute/Fault Divorce: To obtain an absolute divorce, courts require some type of verification showing of wrongdoing on one spouse’s behalf.  An absolute divorce is an official termination of a legal marriage.

2) Limited Divorce: Limited divorces are typically referred to as a legal separation Limited divorces result in termination of the right to separate but the court refrains from officially dissolving the marriage and the parties status remain unchanged.

A limited divorce is a legal action in which the court obverse’s a couple’s separation.  It is generally used by people who

  • Do not have any grounds of an absolute divorce
  • Need financial relief
  • Unable to settle their differences privately

During a limited divorce, the parties are to reside separately.  However, they remain legally married.

  • Although the parties are still married, neither has the right to have sexual relations with the other spouse.
  • In addition, neither spouse may remarry, nor have sexual relations with another person.  If so, this is considered adultery.
  • The court determines which party is at fault, if either, is at fault.  The court may grant support to one spouse based on need.
  • The limited divorce can also resolve questions of:
  • child custody
  • child support
  • health insurance coverage
  • dividing of personal property & assets

If spousal support is not required, and there is no property to divide, there is generally no need for a limited divorce.

If one spouse dies after a limited divorce the other spouse may still inherit property.  Also the form of ownership for any property you own as husband and wife will stay the same.

3) Conversion Divorce:

Some states permit conversion divorce.  Conversion divorce changes a legal separation into a legal divorce after both parties have been separated for a necessary amount of time.

4) No-Fault Divorce:

Many states have passed a no-fault divorce.  A no fault divorce does not require a fault or a substantial reason to divorce.  In today’s day, not all states have passed a no fault divorce.

The Court may find the following:

  • the relationship is no longer possible
  • that irreconcilable differences have caused a breakdown of the marriage
  • conflict of personalities have destroyed the legit ends of the marital relationship and prevents any reasonable possibility of reconciliation
  • Marriage is irretrievably broken

Property Division

During a divorce the court must divide the property between both spouses.  Courts today recognize two separate types of property during property division proceedings

  • Marital Property
  • Separate Property

Marital property is any property that the husband and wife obtained individually or jointly during the course of the marriage.  Separate property is any property that one spouse purchased and possessed prior to the marriage and that did not change in value during the course of the marriage.  If the separate property owning spouse trades the property for other property or sells the property, the newly obtained property or funds of the sale stay separate property.

Current Division

Current division of property strives for a reasonable division of marital assets.  By dividing the assets equitably, a judge endeavors to effect the final separation of the parties and to enable both parties to start their post-marital lives with some degree of financial status.

Most courts at least recognize the following factors:

  • Contribution to the accumulation of marital property
  • Respective parties liabilities, whether one spouse received income-producing property while the other did not
  • the duration of the marriage
  • age and health of the partners
  • the earning capacity and employability of the respective parties
  • the value of each party’s separate property
  • the pension and retirement rights of each party
  • whether one party will receive custodial and child support provisions
  • the tax consequences of the allocations
  • whether one spouse’s marital misconduct caused the divorce

Most jurisdictions also give the family court judge broad jurisdiction by providing judges with the right to consider any other just and proper factor.

When assigning property, judges cannot transfer the separate property of one spouse to another spouse without the legislature having previously passed an enabling statute. Whether such an enabling statute exists varies between jurisdictions.


Alimony refers to payments from one spouse to the other.  A court can order one spouse to pay three different types of alimony:

  • Permanent Alimony
  • Temporary Alimony
  • Rehabilitative Alimony

Permanent alimony requires the payer to continue paying either for the rest of the payer’s life or until the spouse receiving payments remarries.  Temporary alimony requires payments over a short amount of time so that the payment receipt can stand alone once again.

Similar to temporary alimony, rehabilitative alimony requires the payer to give the recipient short-term alimony after the property division proceedings have ended.

Rehabilitative alimony is to help a spouse with lesser employ ability or earning capacity become adjusted to a new post-marital life.

Courts allocate alimony with the intention of permitting a spouse to maintain the standard of living to which the spouse has become accustomed.  Factors affecting whether the court awards alimony include the marriage’s length, the length of separation before divorce, the parties’ ages, the parties’ respective incomes, the parties’ future financial prospects, the health of the parties, and the parties’ respective faults in causing the marriage’s demise.

If a couple had children together while married, a court may require one spouse to pay child support to the spouse with custody, but one should note that alimony and child support are totally different.

In a nutshell, if you are certain you want a divorce you can simply start the process yourself by going to and begin your do it yourself divorce now.

Know your Facts of a Divorce!

Divorce is very painful and can be an extremely difficult process.  Knowing how divorce laws function and understanding the court’s role in a divorce can help to make this transition smoother and easier.

Divorce laws govern the dissolution of a marriage.  Every country has its own laws regarding divorce and, in fact, divorce laws can vary from state to state or province to province within a nation.  Knowing your jurisdiction’s divorce laws can keep a bad situation from becoming worse, and save you future turmoil.

In the United States, divorce laws, in general, provide two basic forms of divorce: fault and no-fault divorce.  However, even in some jurisdictions whose divorce laws do not require a party to claim fault of their partner, a court may still take into account the behavior of the parties when dividing property, debts, evaluating custody, and support.

In a no-fault divorce, the dissolution of a marriage does not require a reason or proof of fault of either party.  Forty-nine states have adopted no-fault divorce laws, with grounds for divorce including incompatibility, irreconcilable differences, and irremediable breakdown of the marriage.  New York is the sole exception divorce laws there still require a proof of fault.

Studies show that about 95 percent of divorces in the United States are “uncontested,” because the two parties are able to work out an arrangement concerning property, debt, children and support issues.  When the parties can agree and present the court with a fair and equitable agreement, approval of the divorce is almost guaranteed.  If the parties can’t work out their differences, divorce laws govern the fair and equitable disposition of these issues.

Divorce laws generally recognize two types of property during property division proceedings – marital property and separate property.  Marital property consists of property that the spouses acquire individually or jointly during the course of marriage.  Under divorce laws, separate property represents any property that one spouse purchased and possessed prior to the marriage and that did not substantially change in value during the course of the marriage because of the efforts of one or both spouses.  Under new divorce laws, separate property is returned to its original owner, while marital property is divided according to negotiated settlement and what the court deems equitable.

In cases involving children, divorce laws attempt to ensure the matter does not spill over into the family court system.  In many jurisdictions, divorce laws require divorcing parents to submit a parenting plan documenting out each party’s rights and responsibilities.

Divorce laws also provide for the establishment of alimony, often depending on the length of the marriage and other factors.  Spousal support is becoming less common, however, as more women are entering the workforce and earning their own income.

With this in mind if you and your spouse are able to come to an agreement and you wish to save money and time simply go to and begin your low cost specific state divorce process now.

Organization Tips for a Divorce!

Once you have made the final decision to get a divorce, attached are some tips you can do to prepare for a divorce.

1) Take Note

You will need to use your own money for divorce, not your spouses.  You will have to maintain yourself and your children for a while if you are dependent on your spouse and your spouse makes the decision to cut you off support.

You will also probably need funds to hire a lawyer.  If there is anyway to begin a separate account to guard against future financial possibilities, now is the time to do it.  If you need to borrow money from a relative or friend, be sure to sign a promissory note so the court will look at this as a loan that you have to repay and not as a gift.

2) Log a Divorce Calendar

If you are currently using a desk calendar or day planner, you will now need to include your divorce events.  There will be meetings with your lawyer and court deadlines to keep track of.  It may be helpful to keep track of discussions with your spouse.

A divorce Calendar may be used as evidence in your case when your spouse does not keep an appointment or violated an agreement or court order.  Visitation dates with children need to be calendared.  You will also want to keep track of appointments with your children’s teachers, doctors, coaches and tutors.  This may become evidence of your participation in your children’s lives in your divorce.

3) Create a To Do List

Be sure to stay organized and set your priorities straight during the divorce.  This is the easiest way to do it.  List all the items you have to accomplish and mark them off as you go through them.

4) Prepare a Divorce Folder or Binder

A divorce produces a lot of paperwork and may become a storm.  The simplest way to keep track of all these papers is with a three ring binder and a three-hole punch.  Put papers in chronological order and be sure to make an index for your own benefit.

5) Set up a Divorce File

You may prefer to set up individual files for various categories of divorce papers.   Some examples are correspondence with your attorney, drafts of agreements, financial information and pleadings.  Files with brads and a two hole punch will help you keep papers neat and organized.

6) Cut Expenses

If you have debt in your name, like credit cards or student loans, you will want to pay those debts down as much as possible before a divorce.  If your family is like most American families, you have been spending close to your entire income, if not more, and when one household becomes two, there will not be enough money to pay the expenses of both unless something changes.

You may have to cut your current expenses, sell the car and get a less expensive model, or maybe sell the house.  If your spouse does not voluntarily support you and the children, your remedy is to ask the Court to order support.  You will not have a good prediction of any of this and you will not know the answers for sure until the agreement is signed or the judge makes a ruling.  But, the point is to think about it, and identify problems and possible solutions. Then take the actions that you can take and avoid missteps.

7) Stay with a Consistent Routine

It will help if you try to keep things as normal as possible in your life.  Do not skip meals or change sleeping habits.  Positive routines like using you’re to do list and calendar will help you keep focus.  Exercise is always a great way to relieve stress.  Try to maintain friendships and daily routines as normal.

8) Be Constructive

Try to maintain a positive outlook and do not let yourself get involved with unnecessary conflicts with your spouse.  You will need his signature on a settlement agreement before your divorce is over.  You will still be parents together for years after the divorce.

9) Make a Plan

Take it one day at a time.  Focus on the present and not the past.  Try to control only those things within your control.  Many things in a divorce are outside of your control.  Try not to blow those things out of proportion.  Make a plan. Then keep working your plan.  That is how you will take control of your divorce and not let it take control of you.

10) Gather Financial Information

The more you can organize your own financial documents, the more you will reduce your attorney fees and improve your chances of success.  You are going to have to gather and organize a lot of information for your attorney or your case.  A good way of organizing the information you find is a financial statement which can be used as a checklist.

Many courts have a form financial statement available at the court clerk’s office and sometimes online. If you can obtain this form and fill it out, it will help you gather and organize your financial information.  Give it to your lawyer at the first meeting to save time and expense.

11) Do Your Research

It is valuable for you to learn everything you can about divorce early in the process.  If you know little or nothing about the process, you may not make the best decisions or choices.  Most people are uncomfortable with the unknown. You can raise your comfort level and your odds of success by finding out what is going to happen before it happens. The Internet is a convenient way to obtain summary and detailed information about divorce.

Of course there are other ways to research the subject.  You can start your research at a library or bookstore.  There are seminars and support groups.  Talk to friends who have been through divorce.  But, keep in mind that every divorce is different. It’s a good idea to learn about the basics of divorce law in your state early in the process.

With this is mind, if you and your spouse are able to come to an agreement without any hassle you are able to do an online divorce with a do it yourself specific state divorce process.  You can begin this low cost process by simply going to and begin your easy and quick divorce today.

A Few Tips on Divorce!

1.  Safety First

First basic steps are to try and keep yourself and your family safe.  If you are in a situation where safety is an issue, be sure to contact the police and immediately consult with a lawyer.

2. If you are looking to seek full custody of your children do not leave the residence without the kids

If you do not take your children with you when you leave, you may most likely lose the chance of seeking full custody of your kids.

3. Consult with a family law attorney if necessary

If you have made your final decision to divorce then you may want to consult with attorney to get more information on the proper steps to take for the divorce process.  Keep in mind that consulting with an attorney involves legal fees and expenses.  Be sure to ask the attorney immediately on specific charges.

4. Even if your spouse requests that you move out of the family residence, you have the right to stay

Maybe you should suggest that your spouse move out of the residence if she or he wants to be separated so badly.

5. Play Fair

Keeping a civil relationship with your spouse is very important.  Do not go and play games with disconnecting or canceling memberships or accounts.  It is very important to realize the same judicial officer will most likely be presiding over your face from start to finish.  You want that judicial officer to respect you.  If you do not play fair, the judicial officer in your case will remember that you were unreasonable and this may affect determinations of future decisions regarding custody, support, etc.

6. Do not fight over objects that have no real sentimental reasons just because

Unless you are fighting over an heirloom or something that is irreplaceable, ask yourself how much the attorney’s fees and emotional grief will cost you, and determine if it would be less expensive to purchase a new or used item.

7. Documents

At the official meeting with an attorney if you decide to use one you are asked to provide accurate information and documentation.  The faster you obtain this information, the faster they will be able to proceed with your dissolution.  If they are required to obtain documents through formal discovery, it will be expensive.  If you do not have bank records, order them.  If the accountant has your taxes, obtain the copies and get them to to the attorney’s office.

8.  Acknowledge your feelings / Consider Counseling

Divorce can be a very difficult time.  Be sure to acknowledge this fact.  If you find that your decisions regarding custody and visitation and/or property division are made out of anger, try and seek some counseling immediately.  The quicker you handle your emotions, the faster you will be healthy and can be a better parent and person.
9. Photograph your possessions

If you fear that your spouse may take your possessions, photograph them to show their condition and value.

Attached were just a few tips for you to know going into a divorce.  Now if you and your spouse are able to come to an agreement and make decision together then hiring an attorney is unnecessary.  Today most divorcing couples are taking the opportunity to do there own divorce.  You can find out more information by simply going to to begin your low cost do it yourself online divorce today.

Women Tips on Divorce!

If you are thinking about ending your marriage, or are currently in the divorce process, the most important thing you need to do is accept responsibility for the outcome of your divorce.  Due to a woman’s standard of living generally drops at least thirty percent after a divorce, the decisions that you make now can have a considerable effect on your future.

It is wise to establish a plan of action instead of going into your divorce blindly.  Begin by educating yourself and learning about what the divorce laws are in your specific state.  If it is certain that your marriage will end, be sure to use the following divorce considerations to protect yourself.  Most importantly, if your spouse has initiated proceedings, do not sign anything until you are represented and informed by your own attorney.  Be sure to retain your own attorney to level the playing field and have fair representation if necessary.

Divorce Considerations on a Financial Status: Consider consulting a financial planner that is skilled in divorce proceedings.  They can help prepare you financially before you start your divorce, and point out areas of your settlement that will have repercussions in the future.  Keep the following suggestions in mind as you think about divorce:

  • Do not make any big purchases that will add to your debt.
  • Start to save money now for emergencies before and after your divorce.
  • Put a freeze on all your joint credit card accounts.
  • Keep working to secure your own future.
  • If you have your paycheck automatically deposited into a joint account, set up an individual account, and have the deposits made to it.
  • Keep all individual assets separate

Think about Support after the Divorce:

  • You are eligible for maintenance and child support during separation and divorce proceeding.
  • Child support is not taxable.
  • Your ex’s bankruptcy won’t affect the child support order.
  • Spousal support is taxable.

Divorce Considerations on Property and Assets: Consider the tax implications of any property received in the settlement

  • The marital home is exempt from this tax, but be realistic about whether you can really afford to live there.
  • A cash settlement is preferable to installment payments as part of a divorce settlement.

Divorce Considerations on Taxes and Liens:

  • Contact federal and state tax departments to see if there are any outstanding taxes owed.  Remember that you will be held just as liable as your ex.
  • Check at the county court house to see if there are any liens placed on any of your property.  Think twice before receiving such property in a settlement, unless your ex can pay off the lien before the divorce is finalized.

Divorce Considerations on Documents and Records: It is important to have copies of all records and accounts, since they have a way of disappearing once proceedings have begun.  With copies, you have all the relevant information that you will need in the future.

If you are fully prepared with all the above and are ready to take the step to begin your divorce process.  I would highly recommend you go to begin your specific state divorce online today.  Not only will you save a ton of money but you will save time as well.

FAQ on a Divorce!

Do I need to hire an Attorney?

Hiring an Attorney is not mandatory.  You are able to represent yourself. However, given the complex of all the issues that can occur, it would help with hiring a lawyer who is familiar with the law and experience.

How is the divorce commenced?

An action for divorce is commenced by the personal service of a summons upon your spouse.  Sometimes, the summons is accompanied by the complaint which sets forth the grounds for the divorce.

What are the grounds for divorce?

In some states, there are six grounds for divorce.  Of the six grounds, four of them are based on the “fault” of one of the parties. They are:

  1. cruel and inhuman treatment
  2. abandonment for one or more years
  3. imprisonment for three or more years
  4. adultery.

Living apart for one year under a separation judgment granted by a Court or under a separation agreement signed by the parties are the two grounds that are not fault based.

Can I receive child support or maintenance before I am divorced?

Yes. You can make a motion requesting that the Court grant you temporary maintenance and/or child support.  If ordered to pay, your spouse will be required to you these sums during the action for divorce.  Keep in mind that every divorce is unique in its own way.

I cannot afford a lawyer.  What should I do?

In addition to ordering your spouse to pay you maintenance or child support during the divorce, the court could require your spouse to pay your attorney and any experts you may need to hire.

Will marital fault impact on my rights to a property settlement?

Generally, marital fault does not impact on the economic issues of the divorce.  However, there are exceptions, particularly when one spouse is found to have wasted marital assets.

How quickly can I be divorced?

There is no way to predict how long it will take to obtain a divorce.  The time it takes to obtain a divorce differs from case to case and is solely dependent upon the extent to which the divorce and any of the related issues are contested.

If the divorce is not contested (that is, both spouses agree to the divorce and have worked out all issues relating to the division of marital assets, child custody and support), the divorce can be processed by the Court and granted quite quickly.

Can my spouse and I retain the same attorney?

No.  Divorce, even when uncontested, is an adversarial process.  You and your spouse have conflicting interests. Since an attorney could only represent one of your interests, it would be improper and unethical for an attorney to represent both spouses.

How much will a divorce cost?

The cost of the divorce is directly related to the complexity of the case and to the extent to which the issues are contested.  An uncontested divorce will obviously cost much less than a divorce where, for example, there exist hotly contested issues as to child custody or the division of marital assets.

An attorney will generally require the payment of a retainer at the outset of the representation.  You can expect to be billed on an hourly basis for work performed in the course of the representation. If the initial retainer was insufficient to cover all the legal fees and costs, you will receive periodic invoices, which you are expected to pay promptly.

In addition to paying your attorney, you will be responsible to pay court filing fees and the other costs incurred in the course of the divorce.

What if my spouse does not consent to a divorce?
Even if your spouse does not want a divorce, you may still be able to obtain one; your spouse cannot force your to remain married. In a contested divorce, you will be forced to prove, at trial, that the grounds for the divorce are true. If you can prove your case, you will be granted at divorce. On the other hand, if you fail to establish grounds for divorce, then your divorce will be denied.

Is there always a trial?

No.  A lot of cases are able to settle.  While it may appear at the commencement of your case that the divorce will be contested and that you will be forced to go to trial that it is seldom the case.  It generally takes some time for the parties to work out all the details of the divorce.  Often with the aid of the parties attorneys and the intervention of the court, the parties are able to work out their differences and, ultimately, settle the divorce.

Will the Court papers in my divorce become public records which anyone can read?

No.  By law, in order to protect the parties privacy, the courts limit access to papers in matrimonial cases to court personnel, the parties and their attorneys.

Now that you are a bit familiar on what to expect during your divorce you can simply begin your divorce process now.  Simply go to and start your low cost no-attorney specific state divorce process now.

What is the Difference between an Absolute & Limited Divorce?

A limited divorce is a legal action in which the court supervises a couple’s separation.  It is generally used by people who:

  • Do not yet have grounds for an absolute divorce
  • Need financial relief
  • Are unable to settle their differences without an attorney

During a limited divorce, the parties are to live apart.  However, they remain legally married but separated.

  • Although the parties are still married, neither party has the right to have sexual relations with the other spouse.
  • In addition, neither spouse may remarry, nor sexual relations with another person during a limited divorce and is considered adultery.

The court determines which party is at fault, if either is at fault.  The court may grant support to one spouse based on the particular situation.

The limited divorce can also resolve questions of:

  • Child custody
  • Child support
  • Health insurance coverage and
  • Division of personal and real property

If spousal support is not required and there is no property to divide, there is generally no need for a limited divorce.

If one spouse dies after a limited divorce the other spouse may still inherit property.  Also the form of ownership for any property you own as husband and wife will stay the same.

Grounds for a Limited Divorce

To obtain a limited divorce, you must first prove at least one of four grounds.  These grounds include the following:

  • Cruelty of treatment
  • Physically or mentally abused
  • Abandonment
  • Mutual and voluntary separation

The more frequently used ground is desertion.  There are two types of desertion, actual and constructive.

  • Actual desertion is where one party unjustifiably abandons the other or actually kicks out the other spouse from the home.
  • Constructive desertion is where one party is forced to leave the home because of the misconduct of the other.

There is no certain amount of time needed to prove desertion in a limited divorce.  Any reasonable time period will justify the action.

Also, a spouse may obtain a limited divorce where one spouse engages in cruelty of treatment or excessively vicious conduct toward the other spouse or a minor child of the party who is filing for a limited divorce.  A victimized spouse who leaves the marital home because of some type of abuse also has a legal action for a limited divorce on the grounds of constructive desertion, as well as a justifiable defense to an abusing spouse’s claim of desertion.

On this note, if you and your spouse are able to come to an agreement without an attorney you are able to use the do it yourself divorce.  Not only will a DIY divorce save you money but it will also give you the peace of mind that you are waiting for so you can begin your new life today.  Simply go to and download your specific state forms and kit now.

Children are Real Victims in Divorce Battle Royales

Often overlooked in an ugly, prolonged Court and Attorney driven divorce is the emotional costs inflicted on the children. The routine of having a mom and dad at home for emotional support becomes a domestic nightmare when the child’s support system not only becomes fractured-but the two anchors in a child’s life file for divorce and are soon to become bitter enemies. Engrossed in their own personal battles, some parents overlook the needs of their children spiritually, emotionally, and financially and never think about the practicality of a quick divorce. The decision to file for divorce practically conjures images of LA Law type courtroom scenes. From the time the initial divorce papers are filed the entire process can take from as little as a few months if lucky to as long as several years…if the divorce lawyer is lucky.

It’s the emotional instability of the parents in a crucial moment of time when a quick divorce driven on amicability and what’s best for all parties involved becomes a long, bitter drawn out court driven affair seemingly benefiting only the attorneys and myriads of other lawyers, paralegals, and court staff typically involved.

Making matter worse at the end of the ordeal is the child is sometimes given the choice of which parent he or she would like to stay with. It’s not too much different then the movie Sophie’s Choice where there is, and never will be a clear cut, easy solution to satisfy all. Sadly, the last 50 years this type of activity has become commonplace and normal. Some statistics show the current divorce rate in America is 41%.

Divorce is never an easy process, but provided the adults act like adults and can keep a rational amicability in an otherwise emotionally fraught situation; a no fault uncontested divorce can make a tough time palatable and even help to keep a close familial bond. Think about this for a moment, a child’s last memory of his parents being together comprised of court room accusations, heated words, and dwindling bank accounts and an overwhelming sense of uncertainty versus that of parents reaching a
mutually beneficial solution

all the while reinforcing that though change is inevitable, that mom and dad did the right thing to benefit the children and oftentimes garner an extra layer of respect for each other. Given both scenarios-the decision is simple.

There are several ways today to file for divorce in this rational manner that can prevent a messy, long termed divorce. Downloadable Online Divorce Forms and Online Divorce Kits can simplify and bring an ease to an other wise difficult situation. While the thought at first of Online Divorce may seem absurd; a few years ago online dating carried a certain stigma as well while today its commonplace and websites like are experience record hits and impressions on search engines. Its a safe bet to assume that with the passage of time and as the general public begins to acclimate to the relative ease of Do It YourSelf style services that uncontested divorce will soon be as commonplace as amazon or google.

It is with this philosophy that websites like MyDivorceDocuments.Com and EasyAgreements.Com will soon become the standard for legally binding documents that will take the nasty battle element from divorce, and put the harmony and goodwill of familial stability into a tangible alternative for our children.