Category : Divorce Kits

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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 www.mydivorcedocuments.com and see what we have to offer you now.

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Common Questions of a Divorce!

A divorce is when both husband and wife have decided to separate and go there own way.  This usually takes the form of dividing their previously shared assets between them selves.  Some divorce proceedings become legal disputes over money, property, and child custodial rights.  When a couple cannot reach an agreement, the court will ultimately make those decisions for them, taking a wide range of factors in consideration when concluding a judgment.

In some states, divorce was socially shameful, and was highly discouraged or prevented by the Church and state.  Divorce was only allowed if one party broke certain marital obligations like, adultery, neglect or abuse.  Such marriages are now referred to as a “fault divorce”.   More recently, divorce has returned to its more usual state, by becoming legal, acceptable, and fairly common.  Some statisticians have reported that fewer than one in twenty divorces are contested in a courtroom.  Divorcing couples are usually reaching a settlement either with lawyers, mediation, or privately.  The restrictions on how easily a divorce can be obtained have been significantly lifted with the prevalence of the “no fault” divorce.

A no-fault divorce is a statement by each spouse that their petition to the court for a divorce has been mutually agreed on by both parties.  It attempts to hold neither party responsible for the dissolution of the marriage, and usually, couples reach a settlement over the division of rights and property.  In this case it would be bound by either an agreement between each other or mediation to avoid litigation.  In most states, all divorces require that a reason be given for the state to dissolve the marriage.  With the exception of the no-fault divorce, acceptable reasons include incompatibility between spouses, the existence of irreconcilable differences, or even the most practical description of a breakdown of the marriage.  The property is not necessarily equal in a no-fault divorce, subject to the agreed terms of the divorce, or ruling of the court.

A Summary Divorce in the United States, and some other countries, is the fastest and simplest form of divorce, granted to couples who had a short, inconsequential marriage.  In this case, few shared assets, and an equally low value of private assets.  It is also conditional on there being no child custodial issues, and no home or mortgage.

Commonly cited causes of divorce include:

  • Adultery by either one or both spouses
  • Strains caused by in-law family members
  • Physical and emotional abuse
  • Obsessive compulsions and addictions

It is a commonly held belief that women successfully negotiate the more favorable settlement or judgment more often than men in divorces, and this is actually supported by some surveys.  There is no question that mothers are usually granted the greater portion of custodial time over children compared to fathers.  However, the degree to which this happens has been gradually deceasing during the past decade.

The sharing of parental responsibilities and rights is one of the most important aspects of divorce in general.  These arrangements are always checked and ratified by a court, even where both parents are in agreement.  The ruling of custodial rights is always in favor of the child’s best interest.  In such a legal battle, the court can take a wide number of factors into consideration when deciding how to divide child custody.

With that in mind divorce rates are the highest they’ve been for hundreds of years.  The terms of divorce are becoming more manageable and acceptable to all involved.

On that note if you would like to begin your process of a divorce.  Simply go to www.mydivorcedocuments.com and purchase your do-it-yourself specific state divorce kit and begin your process today.

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Steps for Filing for Divorce


Every state has a specific process to get a divorce.

Some states prefer to use the terms “dissolution of marriage”, rather then the word “divorce”.  Although relatively the same definition.  Below are a few steps to filing a divorce.

First Step: Communicating with your Spouse

An irate bitter divorce will only lead to a longer and more expensive one.  If you and your spouse are able to come to an agreement between the division of your marital property and the custody of any children, the divorce will be less difficult then those matters in a dispute.  Majority of couples are not fortunate enough to go into an “uncontested divorce”, and will have to go through the “contested divorce” proceedings in the courtroom.

Second Step: Discussing the Division of your Assets and Property

Each individual state will divide both parties property obtaining during their marriage.  Every state allows each party to determine how the property should be split.  If the two cannot come to an agreement, the judge will then split the property.  Most states have either “community property” or “equitable distribution” divisions.  In community property states the marital property and assets will be divided equally.  A court does not have the authority to base off of income, wealth or other contribution to the marriage.  In an equitable distribution state, a spouse is entitled to a portion of the marital property to their contribution to the marriage.  This means both financial and non-financial elements of the marriage such as raising children and taking care of the home.

Step Three:  Consult a Lawyer

State law governs multiple items related to a divorcing couple such as grounds for divorce, marital property and if a couple is legally separated for any duration of time before the divorce may be granted.

Step Four:  Know your state grounds for divorce

Some states allow a “no fault” divorce where the parties do not have to have a reason for divorce beyond irreconcilable differences.  If your state requires “fault” before the divorce can be granted, there may only be specific grounds which you are legally entitled to a divorce.  A few examples of a fault divorce are adultery, abuse etc.

Step Five: File for Legal Separation

Some states require that couples be separated for a certain amount of time before a divorce may be awarded.  Some states only require that a couple live apart from each other for a specific amount of time.  Some other states require filing a notice of the separation which the court as well.  All requirements will have to be met before a court will accept a divorce application.

Step Six: Be sure to gather all Financial Information

In a divorce the spouse’s assets and debts will be split.  When a divorce petition is filed, most states require a detailed financial data to help the judge determine child or spousal support orders if this may apply.

Step Seven: File the Petition for Divorce

If you choose to hire a lawyer, it is best you have him there representing you.  Some jurisdictions may have different forms for your divorce based on your divorce situation.  If you do not have an attorney this is the information that you most likely will be required to provide for the court:

-Present both yourself and your spouse

-Name and ages of any children that you have and current resident status

-Identify all martial property and debts and your individual income and assets.

When the petition is filed most states require the plaintiff provide three or more copies of the petition and summons.  A summons is a court requiring a party to answer a complaint and appear before the court.  The clerk will then stamp all copies and give you back two, one for yourself and one copy for you to serve on your spouse.

Step Eight: Pay the Court Costs

When a petition is filed the clerk will require that you pay the appropriate court fees.  If you are indigent you may ask the court to waive the fees, which may be included on the complaint form or may require a separate form.

Step Nine: Serve Your Spouse the Divorce Papers

The party who files a court action is responsible for serving the other parties to the lawsuit.  Serving the other party means giving them a physical copy of the petition you filed as well as the summons.  In most states you may serve the other party through the mail or by having another person serve the defendant in person.  In some jurisdictions you may pay a fee to have the Sheriff serve the opposing party for you.  Most states do not allow a plaintiff to personally serve a defendant.

Step Ten:  Provide the Court with Proof of Service

After the defendant has been served most states require the plaintiff submit a “proof of service” with the court.  In this document the person who served the defendant must attest to the service, how and when the party was served.  The proof of service may be a part of the petition or may be a separate form.

Due to divorces being complex and emotional events, most parties have an attorney represent them.  The other option would be to try a do-it-yourself divorce process.   If you decide to try this process you can begin by simply going to www.mydivorcedocuments.com and purchase your specific state down-loadable forms and kit.

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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

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 www.mydivorcedocuments.com and begin your do it yourself divorce now.

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Rights of My Property During a Divorce!

Division of property is usually part of the divorce process.

Here are some legal terms and concepts that are good to know when speaking to an attorney.

Before speaking to an attorney, it is helpful to become familiar with a few legal concepts and legal terms such as:

  • Division of Property
  • Community Property
  • Separate Property
  • Equitable Distribution.

People should consult a family law attorney early in the divorce process as this may preserve an individual’s financial well being. Keep note that this article does not constitute legal advice.

While internet research is helpful, everyone should understand that each state has different divorce laws and legal terms.. There are, however, basic similarities in divorces, and though the terminology may be different, the basic principles in the divorce process are relatively uniform.

Division of Property

In simple terms, community property can be thought of as “all property and profits acquired during marriage.  Yet, there are other factors which can affect whether or not something really is community property.

In a short-term marriage, with no children and little community property, it can often be easy to obtain a quick divorce.

However, long-term marriages can often bring more complex issues into the divorce, such as:

  • Personal Property (jewelry, clothing, cars, and other things)
  • Real estate
  • Children
  • Businesses
  • Large or concealed debts
  • Trust funds
  • Investments
  • Pensions
  • Joint and separate accounts

In complex situations, a husband and wife may be unable to agree upon a division of assets without the help of a divorce specialist who deals with these issues on a daily basis.

Equitable Distribution of Community Property

Equitable distribution means a “fair” distribution.  Many states start with the presumption that “equitable means equal” but “other factors may contribute to an unequal distribution that is still considered equitable.

Though every state has their own divorce laws, many states consider factors like the following when making a fair division of community property assets:

  • How many years the couple has been married
  • Prenuptial agreements
  • Ability of each person (usually the wife) to earn their own living after the divorce
  • Age and health
  • What each person has contributed to the marriage
  • Tax consequences of the division
  • Debts and liabilities

There are many other considerations that may affect distribution.

Separate Property

What is separate property? Separate property is any asset that is owned by just one spouse and is usually not divided between the spouses during the divorce process.

Sometimes, separate property becomes co-owned and might be considered community property.  Divorce lawyers will be able to explain these special circumstances.

Few Examples of Separate Property:

  • Gift or Inheritance given to one spouse
  • Personal injury settlements given to one spouse
  • Things that were owned by one spouse before the marriage, such as a business, a home, or a pension
  • Property purchased during the marriage by one spouse with their own (separate) money

When large assets, debts, or children are involved, it is important that each spouse has their own attorney to represent their interests.

Other Division of Property Issues

Division of property involves the distribution of money and other assets associated with the time span of the marriage.

Here are some of the other issues that must be settled during the divorce process, but are related to life after divorce:

  • Alimony or spousal support
  • Child custody and visitation
  • Child support payments

It is important for each spouse to retain a rational and businesslike temperament throughout the divorce process. There are always many compromises which must be made on the part of both the husband and the wife.

Understanding some of the terms and concepts associated with division of assets may make the divorce process easier for everyone.

Keep in mind if you and your spouse are able to have an amicable divorce and can come to an agreement on your own.  I highly recommend you visit www.mydivorcedocuments.com and download a low-cost specific state do it yourself kit and forms.

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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 www.mydivorcedocuments.com and begin your easy and quick divorce today.

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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 www.mydivorcedocuments.com to begin your low cost do it yourself online divorce today.



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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 www.mydivorcedocuments.com to begin your specific state divorce online today.  Not only will you save a ton of money but you will save time as well.

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5 Tips to a Divorce!

Before you begin your divorce process, attached are five simple financial tips that can make your divorce a bit easier.

Tip # 1

Be sure to copy all of your legal documents and gather all of your financial information that you have accumulated over the duration of the marriage

First you will need to get a hold of all your finances like never before.  Whether you are a financial pro or whether you have not worked outside the home in years.  You will need to know everything possible in regards to your finances for the divorce.  One reason it is so critical to do this before the divorce process begins is that this information can often disappear once the divorcing begins.  It can become more difficult to find regardless of the cause or circumstances.  How can you know or plan for what to divide if you don’t know what you currently have?

Tip # 2

Begin to seek out expert advice to help you figure out what is next

Some of the financial information you’ve collected above you can start establishing your priorities. This may not sound like a financial step on the face of it but when you sit down and write the things that you’d like to have from your marriage, or try to envision what you might like or need in order to carry on into the future – these can and will actually be translated into numbers.  Do you think you and the children want to stay in the same neighborhood or house?  Do you want to hold onto most or all of your pension? If these are your priorities they will have a range of dollar signs eventually attached to them.

Tip # 3

Protect your Credit

Order a copy of your credit report early from all three reporting agencies: This is very important since you can now have this as a base line to know where you stand now, at the end of your marriage.  This way you’d be able to see whether any new unauthorized debt is being added in your name only and if you have no credit in your own name now, you may want to apply for a credit card.  To begin building your own credit now may be far easier while still married than after, all things being equal, especially if you have not been the primary breadwinner.

Tip # 4

Check up on your Insurance
Get to know the details of all the kinds of insurance that helps to protect your family.

Just the sheer number of types of insurance may be overwhelming, but take it one step at a time.  The goal is to get your hands around what coverage’s your family has and needs.  What are your policy numbers deductibles, limits, premiums?  Life, car, medical, dental, home-owners, renters, flood, insurance and the list goes on and on.  How important it is to keep your insurance related financial issues in order can not be over emphasized.   One example: On your life insurance policies, it’s really quite important that you locate and know now about who are the owners of the insurance – you, your wife/husband?  A family trust, your spouse, your children?  Knowing this now is essential  if for no other reason, you’ll now have this on your radar.

Tip # 5

Be sure to have your taxes prepared in a way that you will be comfortable for sometime

If it is tax season and you are preparing for a divorce, this may be notice that you should proceed with caution.  Be sure to contact your accountant or financial adviser and have him or her advise you not only the possible tax savings now that married jointly filing couples enjoy, but also on the potential future liability you could face in should the returns be found deficient.   Know that on returns where you sign jointly, you will be jointly held responsible.  This is most often the case whether or not you have any first hand knowledge of the all the financial information on your return.
As always, the best offense is a good defense and to arm you with knowledge is often the best first step in trying to achieve an equitable, fair outcome.  By trying to anticipate problems ahead of time you may avoid serious financial issues.  Be sure to get good advice throughout your entire process starting as early as possible in the process.

Now that you have a few pointers to remember during your divorce process, now is the time to decide how you want to go about your divorce.  There are several ways that you choose from.  These days many people are choosing to do there own divorce online.  This way not only saves you time but can also save you a lot of money as well.  You can begin this specific state down-loadable divorce process by simply going to www.mydivorcedocuments.com today.

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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 www.mydivorcedocuments.com and start your low cost no-attorney specific state divorce process now.

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