Category : Divorce Process

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How to Save Yourself from an Expensive Divorce

 

When it comes to divorce, we have all heard the horror stories of how it can get messy. Everyone has a friend of a friend who went through a year-long divorce process that ended up costing him or her thousands of dollars just to get out of the marriage. In years past this all was unavoidable. Depending on your situation you would end up paying a lawyer  tons of money, even if the divorce was amicable. Those days are, thankfully, gone.

Today, it’s the couples’ with the power. Understanding the steps in the process and therefore properly evaluating your decisions can be done without the input of a lawyer. Understandably some situations dictate the necessity of a trained legal professional, but the landscape of the divorce world has clearly changed, here are some tips to work towards an inexpensive divorce.

Keep Divorce Lawyers from Fanning the Flames

File this under the easier said than done category, but the divorce process can be a much smoother process once the couple comes together to work on the particulars. Lawyers are not only expensive, they can also bog down the process, scraping for every inch they can exploit in a situation. While it is understood they are working towards what they believe is the best possible outcome for you, they can be detrimental to your progress. In these cases, unfortunately, the battle can go on and on, until the clients run out of money and limp to the settlement table.

Worse, if there are children, the fight depletes not only your pocketbook, but also your children’s sense of security. Once the legal fight is over, trying to establish a normal ongoing parenting relationship between both parents and the children can be very difficult.

Shouldering the Decision Load

Weeding through the decisions that need to be made when seeking a divorce is tedious and most likely painful. But it really is in the divorcing couple’s best interest, whenever possible, to tackle these matters together, rather that bickering and fighting over everything through the jargon and manifesto of divorce lawyers. Working together or with an agreed upon third party (such as a divorce mediator) on crucial decisions can help you and your spouse come to quick , fair decisions on the important matters. Not to mention, this saves both time and money.

If you are able to resolve the big questions surrounding children, money, and property, then you just need to ask the court, in writing, to grant a divorce. In many states, you don’t even have to appear in court. Many courts now make it relatively easy for people to handle an uncontested divorce without a lawyer.

While some situations need a divorce lawyer, in today’s society more the of responsibility has been continually placed on the couple themselves. The rise of online divorces has given many couples the freedom to control their divorce process, making decisions with their spouses and getting through the process with both their savings account and dignity intact. Don’t allow yourself to put yourself in a deep hole when you’re already trying to get out of one. Do the research on your situation and find out if online divorce is right for you.

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5 Common Divorce Mistakes

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The latest census poll shows the majority of divorcees of this era are divorcing their first spouse more frequently. This means that these people have never gone through an entire divorce process before and do not know all there is to know about the procedures and steps taken in order to properly and legally finalize a divorce.

The best way to better understand something is to educate yourself on the topic. That is why comprised below are a few of the most frequently made mistakes in the divorce process. Knowing what not to do will hopefully steer you in the direction of what to do.
#1. Believing your spouse will be fair and cooperative.

Divorces can be trying, lengthy and will usually always place stress on all involved. Most people facing a divorce are emotionally vulnerable and upset, and many are in a state of denial.  If a divorce is anything but amicable, always assume that your ex-spouse is going for the jugular. Going into a prize fight assuming your opponent will hit you softly will always end up with you on your back. In the case of divorce, you will never have the settlement you desire if you do not do all you can to obtain it.

#2. Lying to your lawyer.

Lawyers are your allies. They are your direct link to having a smooth and successful divorce. This can only come with complete and utter honesty. Lawyers have heard everything under the sun, and are typically professional about the ins and outs of their clients. Telling them absolutely everything, disclosing all information both good and bad, will ultimately help you in the long run when a decision is made in terms of your marriage dissolution.

#3. Lying in court.

If you do indeed have a trial, the result is directly affected by your credibility. Judges are generally experts at determining who is telling the truth and who is lying. This is because mass amounts of extensive research is done into the marriage and both parties themselves. Not only is lying in court a crime, but you are bound to be caught lying in court. Divorce lawyers have a duty to stop a proceeding and tell the court if he or she knows you are misrepresenting facts of any kind. If you have areas of your case that are sensitive, work with your lawyer on what you are going to say but do not misrepresent the facts.

#4. Allowing emotions rather than logic to rule your legal decisions.

Going through a divorce is most aptly compared to an emotional roller coaster. It is often hard to put feelings aside and keep an eye on the prize by being rational and sensible. As stressful as the situation may be, keeping composure at all times is best for all involved. If you let your emotions gain control, rather than reason and logic, you will undermine your case. Being reflective, versus being reactive, is the best way to approach the proceedings.

#5. Hiding or failing to produce documents.

You have an absolute right to see your spouse’s financial documents throughout all divorce proceedings; but this means your spouse absolutely has the right to see your financial documents too. This should not be a problem, as most couples share finances and share access. Although, on the off chance that separate accounts have been opened or are owned, both known to the spouse and unbeknownst, they need to be disclosed upon filing for divorce. Failure to do so will result in major repercussions. The court can force you to produce records, and order that you pay your spouse’s lawyer fees incurred in getting the records. Good clients and good lawyers produce documents quickly and voluntarily.

So, avoid these pitfalls at all costs. Be open and honest at all times, and let your case speak for itself. Do not make these mistakes, as they will hurt you and your case in the long run.

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Caught Hiding Assets During a Divorce

Going through a divorce can be an emotionally complicated matter. Every divorce scenario differs, but each is the literal split in which tension has been building for some time, and in truth it can entice people to make questionable decisions. Filing for divorce is not a simple situation, and can be a long and tedious process. It is essentially laying everything on the table for the spouses to sift through everything accumulated throughout their years of marriage.  When it comes to the legalities of the divorce process things can get a bit tricky, especially with finances. In many cases a spouses might not disclose all their assets, or try to hide sources of money so it is not included in the fair split between the spouses during the divorce proceedings.

Withholding Assets

Discussing incomes, money, and assets within the divorce procedure can lead some to attempt to hide their value, or purposely mislead the courts and the spouse as to how much they are worth. Even though this is not an uncommon thing, full disclosure is the law and subject to severe repercussions. These situations most commonly include, but may not be limited to:

  1. Hide, understate, or undervalue certain marital property;
  2. Overstate debts;
  3. Report lower than actual income;
  4. Report higher than actual expenses.

Proof of Deception

According to a recent study by the National Endowment for Financial Education, financial deception in the divorce process is still a common occurrence. Part of the study took a look at divorce across the country and surveyed a number of divorced couples, and found 31% of adults who combined assets with a spouse or partner said they have been deceptive about money. Also within the study were other prominent findings, such as:

  1. Nearly three in five of those surveyed (58 percent) said they hid cash from their partner or spouse.
  2. More than half (54 percent) hid a minor purchase from their partner or spouse.
  3. An additional 30 percent hid a statement or a bill from their partner or spouse.
  4. 34 percent admitted they lied about finances, debt, and/or money earned.

When it comes to finances, people can make some amazingly unwise decisions. Divorce often becomes a time when people use emotional ammunition to convince themselves this deception is not only warranted, but justified. Keeping perspective and a level head during divorce proceedings can benefit spouses in ways they probably had not imagined. Keeping a level head about your divorce helps you qualify for an online divorce, allowing you to handle the splitting of assets honestly and quickly with your partner and can save you thousands in legal costs. Visit www.MyDivorceDocuments.com today and learn how you can save thousands and get on with your life.

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The Three Ways to Divorce

Filing for a divorce is the beginning of a major change in one’s life. There are two components of the divorce process that are sometimes hard to keep separated. The emotional divorce, which might already have happened between the divorcing couple, and the official divorce proceedings, which is usually a ongoing. In the official divorce proceeding almost every aspect of the marriage and material goods is negotiated and divided in a way that either the couple sees fit, or the courts deem fair.

However, it is often the case that many couples, clinging to the intense emotional side of divorce, cannot come to a reasonable decision regarding spousal or child support, as well as the division of marital assets. Even with the help of mediation, the intensely personal situation can create a standoff between spouses. The standoff often then leads to the costly arbitration and litigation process. Let’s take a look at the 3 ways the standoff between divorcing spouses can be worked though.

Negotiation

Negotiations are the first step in the process of reaching an agreement between spouses on all the assets, custody, and potential support agreements. Think of the negotiations as taking your wish list regarding how you divide your assets and what your parenting responsibilities should be, and use that wishlist as your starting point. “It’s me and my lawyer versus you and your lawyer finding a compromise”– all with the goal of reaching an acceptable middle ground. Try to avoid the “it’s me and my lawyer versus you and your lawyer trying to get as much as possible,” because then you both will be are stuck in a stubborn, petty stalemate.

The purpose of negotiation is using it to avoid trial. When people file for divorce there’s an expectation that there will be some maneuvering and bargaining and, eventually, a settlement rather than full blown court trial. The typical pattern is to use the threat of trial to get people to bargain and stay out of court.

Arbitration

Arbitration is, in a way, similar to litigation, but it is outside of a courtroom. It is a private process. The divorcing spouses, together with their lawyers, pick a third party decision maker, who is usually a retired judge or senior lawyer with family law experience.

What happens in arbitration is the decision being debated between the couple is imposed by the arbitrator. Unlike mediation, no one helps the couple come to an agreement; the decision is made for them. And, usually, if you don’t like the decision it can’t be appealed, which means you can’t argue it out again for the decision maker to change his or her mind.

Litigation

Litigation is usually the option of last resort. Going to court can be emotionally difficult and very expensive. The lawyers try to poke holes in your persona, showing that you are unfit. That’s why it is called the adversarial process. There is one winner, and one loser. It’s not a win – win situation. It’s a war and there are distinct sides.

Like arbitration, the decision is made by a third party. Unlike arbitration, you can’t pick your decision maker and the judge doesn’t always have family law experience. Another difference is that arbitration is private, and litigation is public. Being public means that there is a public, court record of the dispute.

Avoiding arbitration and litigation is the goal of most divorcing couples. Having to go through a long, dragged out process that ultimately may take the decision-making power out of your hands on very personal matters is simply unacceptable for most people. Today with the option of an online, do it yourself divorce, couples who make an agreement on the major issues of their dissolution can save tremendous amounts of time and money by doing it themselves. At MyDivorceDocuments.com we provide those couples who qualify for an online divorce with accurate and 100% legal divorce papers. Visit our site today and take the first step towards the next phase of your life.

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Going Through a Divorce? Find an Outlet

You have been stuck in a combustible situation for a while. Finally you and your spouse have confronted the issue and realized it cannot be rectified. Moving forward in the divorce process can be both a relief and very tough time in one’s life. If you have kids you will have worries for the future and many things to work on before your life settles back down into a routine. In the meantime you need to find some time just for you. Having an outlet for your frustrations, worries, or just having a place to vent can be important in keeping a cool head and shedding potential stress during these frustrating days ahead.

Find Your Voice

You don’t have to be a “writer” to vent your frustrations through words. Start a blog; center it around your current situation or even something totally different you find joy in. Food, travel, music, art, business, or anything you find interesting enough to lose yourself in a couple times each week. This isn’t a serious professional endeavor, so don’t worry about making it as professional as possible; this is solely for you, and in the end it can be a great escape from your daily troubles.

It doesn’t have to necessarily be a blog either; it can be a diary or journal. Maybe that is too old fashioned for you. In that case, just write. Getting your frustrations, worries, or deepest fears out of your mind and on paper or computer screen can be therapeutic. No one has to see it, you can even erase it after you have written it, although we don’t recommend that choice. This can be a great way to internaly confront your worries.

All In The Family

Divorce, in a sense, can be seen as the loss of your family. That may be a dramatic way to express it, but in some ways it is true. The nuclear family becomes divided; kids may bounce back and forth between you and your spouse house on a weekly or monthly basis depending on the outcome of the divorce proceedings. This is a time to lean on your own family members. Having your family around in a time like this can be a big help. In addition, your family can be an outlet for your frustrations. Cousins, brothers, sisters, and parents can be great sources of relief and friendship during this time of crises. Everyone needs someone to talk to. Your family will always be there through good times and bad; keep them close and you will never feel lonely.

Divorce can be trying on anyone’s lives, both parents and kids. Having the necessary outlets as well as social and mental cushions while going through the process can go a long way towards keeping a positive attitude and staying focused on your responsibilities. Never think you’re alone. Millions of people go through the divorce process, whether it’s an uncontested divorce or a dragged out in a court heavy process. Many often feel as if they have no one to talk to, this is never true. Reach out and connect with the positive people in your life and good things will happen.

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Preparing for a Child Custody Battle

Becoming single can be a scary thing. Along with the swirling emotions and impending divorce, the uncertainty of the future can create a negative residual effect on your daily life as you try to get through this upsetting process. However, with that being said, it is important to understand the custody laws and potential ruling, as well as taking the necessary steps to ensure you do not make a crucial mistake. We are speaking more about contested divorce rather than a mutual understanding, uncontested divorce proceeding.

Know the Law

Understandably, you are more than likely going to hire a lawyer, but it will help in many ways to get familiar with the custody laws and procedures in your local area. The laws around child custody can very state by state and even county by county in some states. The procedures may vary and understanding what the potential and likely outcomes are can only arm you with the knowledge needed to potentially make tough decisions; but it can also help alleviate any fears, both rational and irrational when it comes to this emotionally toxic situation.

Get Help

Do your due diligence when it comes to hiring a lawyer. If you know you’re going to be in a battle over custody in a contested divorce make sure you do the research and hire a lawyer you trust, as well as one that specializes in child custody. You may be able to get free consultation on the matter. Make sure you get involved in your case and do the necessary homework when you do hire a lawyer, don’t just sit back and assume you don’t need to know anything about the proceedings and potential outcomes. Don’t allow yourself to be blindsided by anything in your divorce proceedings, and things are more likely to go your way.

If there are other complications in your divorce proceedings, like child abuse, spousal abuse, or even your ruthless spouse’s lawyer, make sure you do the right things. For example, in situations of domestic abuse, contact a local shelter to inquire about assistance, legal or otherwise; never try to keep it hidden because it won’t go away. Be sure to conduct yourself properly throughout your divorce proceedings; do not do anything to further implicate yourself in a negative way.

There is no sure fire way to make it through the divorce process unscathed. It can be a devastating thing if you let it, but believe it or not, there are positive things that can come out of it. Most couples wait until the breaking point to confront their issues, so be glad you got to this point and the end of a bad phase is in site and the beginning of a new, positive phase is on the horizon. Life is full of complications; don’t let yourself be weighed down to the point where you are afraid of changing the negativity around you. For more information about all laws on divorce in each state or to find out information on how to file for an online divorce, visit www.mydivorcedocuments.com.

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Texas Courts Allow Divorce Without Lawyers

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In today’s economy, budgets are often a necessity. Even marriages with two working spouses have trouble keeping up with all the bills and living comfortably. Yet when divorce enters the picture, it can quickly become a very expensive ordeal. However, Texas lawmakers voted on a motion to help low-income families, and those filing for an easy, uncontested divorce to use forms that will allow them to move through the process without hiring an attorney.

Legal Aid

Recently reported from Texas, six of the nine Supreme Court justices have voted to approve the use of forms allowing  couples to file for divorce in Texas without hiring an attorney. After months of back and forth battling it was finally put to a vote, much to the ire of the group of family lawyers who vehemently opposed the motion.

The reason given by the lawyers was that these legal forms could lead to confusion and many legal complications if/when mistakes are made in the filing process. However, it has been reported that pro bono and legal aid attorneys can only reach about 20% of the divorce service demand last year.

In its Infancy

Back in 2011 a group of lawmakers, including lawyers, judges, and other experts, and the Texas Access to Justice Commission came together to help create the newly approved forms. The opponents of these forms, who are mostly made up of practicing attorneys, have stated that citizens will be unable to navigate the legal system without the help of an attorney. However, as you can see by the MyDivorceDocuments.com website, and the recent rise in online divorce forms, that is just flat out untrue.

What’s in a Form?

The forms may only be used by couples without children or real estate who are seeking a divorce without the aid and expenses of an attorney. The forms are said to be simple and straight forward to help make the judicial part of the process more efficient going forward. The forms are available now, but as a result of a public comment period that will last until February they may undergo some changes.

An even better route for couples both with or without children in preparing Texas divorce forms is filing for an online divorce. At MyDivorceDocuments.com we have already helped served many citizens in Texas with a logical and 100% legal way to help file for an uncontested divorce; helping save time, money, and stress for those couples who know they want to move forward but are dreading the process. To find out more about online divorce forms and how to file for an online divorce in Texas, visit www.mydivorcedocuments.com today.

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Divorced Women Lose Health Insurance

Each year, thousands of couples file and go through the divorce process. While divorce has become notorious for bringing about long heated battles between husband and wife, there are other repercussions that can be more damaging than losing marital property. Health insurance is already a frequently debated topic in our nation with President Obama’s health care plan to bring about a new era in health care coverage. However, a recent study has shown that divorce of all things can affect a woman’s ability to retain their health care coverage. Let’s take a look.

Study Released

A study released by the University of Michigan and supported by the University of Michigan’s national Poverty Center shows a reoccurring problem for women after divorce. The study was analyzed and focused on nationally representative data ranging from 1996 to 2007. It had a range of ages in women from 26 to 64. The results of the study showed that 65,000 divorced women will lose all of their health insurance coverage in the months following a divorce. The reasons stated was that they no longer would qualify as dependents under their husband’s policies, and many reported being unable to afford the premiums that go with having private insurance. In spite of the financial hardships that can be a result of a divorce, many of these women do not qualify for Medicaid and other various public insurance options.

Reasons for the Repercussions

Women with employer-based jobs were said to have less trouble in losing their coverage. It was reported that women in moderate-income families face the greatest loss of insurance coverage. They are seemingly caught in the middle, while higher income women can afford private premiums and lower-income families qualify for public aid of certain kinds. Women and families in the middle can do neither.

It remains to be seen what the Affordable Care Act can do to potentially change this situation, or if it is something that will need to be readdressed separately as part of an overarching plan to get people insurance who were covered under their ex-husbands or even ex-wife’s plans. However, there are provisions that will potentially address this situation that may be of substantial help to those in need.

While divorce can be a socially and financially taxing time it doesn’t always have to be. At MyDivorceDocuments.com, we have all the information needed to learn about divorce laws and the divorce process. Pursuing an uncontested online divorce can be a way to save both time and money when entering into the divorce process. Visit www.mydivorcedocuments.com to learn how you can pursue a cheap, online divorce today.

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The Difference Between Legal Separation and Divorce

Legal separation and divorce, contrary to some thinking, are considered two separate things. However, many of the stipulations in legal separations, as well as the rights that one person has when entering legal separation, are comparable and similar to that of a divorce. Legal separation allows couples who may consider their marriage to be “failing” make a temporary arrangement of separation, while it is understood they will  continue to work out their problems, as they still remain legally married. Reconciliation is the goal in legal separation and can be issued, like divorce, through a court order.

Specifics

In a sense, legal separation is a form of temporary divorce. While the word divorce implies a permanent separation, legal separation is meant to be temporary and does not automatically lead to divorce. Couples can reconcile, but if they wish to move on and get a divorce, they will have to go through the divorce process dictated by where they live.

The legal separation process and relief offered, however, is very similar to divorce; in some situations in can mirror the process of divorce. For example, a court can grant legal separations due to “irreconcilable differences leading to the breakdown of the marriage.”

Legal separation also can allow both parties to set provisions and guidelines concerning the following areas:

  1. Child Support
  2. Child Custody
  3. Visitation
  4. Division of Marital Property
  5. Spousal Support
  6. The Marital Home
  7. Health Insurance Benefits
  8. Life Insurance

The Difference

The lines can often be blurred when it comes to individual differences between legal separation and divorce. As stated, it’s more of an overarching difference meant to give marriages a chance to take a break in an attempt to solve their issues and move forward, rather than just having a black and white decision of marriage or divorce.  Some of the differences specified between legal separation and divorce will vary due to the state’s laws and jurisdiction when handling these kinds of cases.

Although MyDivorceDocuments does not provide legal separation papers, those who have tried legal separation and decided to move forward with a divorce can benefit from an inexpensive online divorce. Online divorce is meant to help couples who amicably understand their marriage is over and can agree to certain grounds to pursue an uncontested, no-fault divorce. To learn more about an online divorce or to get started on the divorce forms, visit www.mydivorcedocuments.com today.

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New York’s New Strange Divorce Law

New York has never played by common divorce laws adopted by basically every other U.S. state, so it’s no surprise the little stubborn state is making waves again. This time the Empire State is getting flack for their alimony laws. More specifically, the way New York divorce courts recognize degrees obtained during a marriage is under scrutiny.

Case in Point

In a Wall Street Journal article on the subject, an example of the unfair New York alimony laws was found in the divorce case between Tanya Finch and Kenneth Quarty. The couple married in 2000, around the time Finch started working on her nursing degree. The couple divorced in 2009, by which time Finch had received her nursing degree. During the divorce, Quarty requested and was eligible to receive a percentage of the money Finch would potentially earn as a direct result of the degree she earned during their marriage.

Quarty was able to obtain this “potentially” earned money upfront because of the New York divorce law that recognizes a degree or professional license as marital property. New York courts calculate the lifetime worth of the degree, and divide that value into two as a part of the marital estate. This practice and New York’s other strange divorce laws have been petitioned and submitted for review.

Who Really Owns Your Degree?

When people enroll in any college, university, trade or skilled craft course, they anticipate the moment when they will receive a certificate of completion with their name on it. However, based on the New York law, that certificate or diploma might as well be reprinted to state the alumnus’s spouses’ name as well as the alumnus’s. In fact, any employee may as well include their spouses name on their payroll account because the state of New York also views any profits from any career as marital property.

New York’s law is not unfounded completely because any spouses income is in theory supplemented and supported by the other spouse’s support, which can be as menial as washing dishes while the student spouse is studying.

Why, Oh, Why?

However, New York lawyers and divorcees are not fighting the order to pay spousal support or maintenance. New Yorkers are astonished by and fighting the courts’ ability to grant “potential income,” which is money a person has not earned yet. New York citizens are frozen stiff at the sheer amount of money they “owe” their divorced spouse, most of which they are not even expected to have at the time of ruling.

The New York alimony regulations were originally fashioned to level the playing field for low-income, dependent spouses of a divorce. Yet in these changing times, the inequality of the laws and regulations have been exposed. Currently, New York law makers are waiting for the Law Revision Commission report before taking measures to change this piece of legislature.

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