Category : Steps for a Divorce

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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 and download a low-cost specific state do it yourself kit and forms.

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.

Staying Positive through a Divorce!

Surviving a divorce can be very trying and crucial.

Nobody ever plans for divorce.  There is no right or wrong way to survive a divorce.  When you give thought to all of the stress and heartache that goes along with a divorce, you may want to just settle and not go through with it.  Be sure to take in consideration of all the reasons why you have even come to the conclusion of a divorce.  When you have made your final decision then you can begin the divorce process.

A divorce can make a person frustrated and leave a person hurt and miserable.  Also if you are not careful and let yourself become resentful it can affect you for the rest of your life.  On the flip side, you can triumph over the crisis and go on to live a happy and fruitful life if you play your cards right.

Along with all the roller coaster emotions, keep in mind that you are going to get through this time.  The first initial steps of a divorce are, you need to do are making your final decision and proceed with the divorce.  Do not change your mind after you have started the process.  This may only cause more pain and time.

It is important that you take a break and allow some time out for reflection.  It is really vital that you take back that part of you that may have been eaten-up by hatred and gain control of all your confused emotions during your marriage.

Staying Positive

The next step is to try and stay positive through the divorce process.  Always remember that through the storm there is a rainbow at the end.  The quicker you get through the storm you quicker you see the light and are able to begin your new life.  This may sound easier said than done; but it is something you should keep in mind to survive.

Always remember that: Where there is life, there is hope! It may not seem like that now for you but as impractical as it sounds, it is the truth and it is also correct.  You need to immerse yourself in the reality that you are alive, soon to be single and destined to once again enjoy the most from your life.

Always try to turn a Negative into a Positive!

You should plan for your days to be for filled with purpose and joy.  You can do this by filling your day with all of those small things which bring you happiness.

Lastly you must remain focused.  Focus on a hopeful and happy future.  Taking time out to focus for several minutes or hours a day to plan for the future can help you regain control and be positive steps towards healing.  It will not always be easy but as much as you can grab hold of the changes, and if you do you will recover.

Remain Strong!

Always remain strong.  No matter what happens, keep in mind to stay strong and do not let anything bring you down.  Keep your thoughts optimistic.  Do not let divorce steal away your life.  Promise yourself a better future and know you will pull it off.  Do not slouch when you walk.  Put a smile on your face and straighten up your shoulders.  Life has so much more to offer you.

With all of this in mind, if you are ready to dive into that divorce that you deserve to get a better life, you can take the first step here.  Simply go to and begin your low cost downloadable specific state do it yourself divorce online NOW!

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.

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 today.

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 YOUR Financial Status before Divorce?

Assessing Your Financial Condition

One of the situations that we see in many family situations is where one spouse is the primary caretaker of the financial responsibilities for the family.  This person may have been in charge of paying the bills, making investment decisions (stocks, bonds, real estate,  etc.), maintaining insurances (health, life, disability, long-term care), managing the credit cards, and filing taxes during the marriage.

As you consider the impact of a divorce, we understand that if you have not been involved with these activities that they can be daunting to you and can cause a considerable amount of stress when dealing with these issues for the first time.

No matter what your situation, your divorce attorney, divorce financial planner or the domestic relations court is going to need this financial information.  Some topics will apply to you and others will not.  Take the time to investigate and list out your financial assets and liabilities.  This inventory will help you and/or your advisors assess your financial condition and will provide a basis to make recommendations that best fit your overall divorce financial strategy.

It is important to identify all of your assets and liabilities.  The court is looking to split your assets and liabilities in a fair and equitable allocation between you and your former spouse.  It is in your best interest to be up front and honest  by that, we mean do not hide assets, income sources, or liabilities.  You have the potential to be found in contempt of court and could have some very negative financial penalties imposed on you through the settlement divorce process.

Below is a listing of some of the financial areas that you will need to identify and value:

  • Real Estate
  • Bank Accounts
  • Retirement Accounts (IRA, 401k, Etc)
  • Investment Accounts (Brokerage)
  • Physical Securities (Stocks, Bonds, Etc)
  • Life Insurance Policies
  • Business Interest(s) (Partnership)
  • Other Personal Property (Auto, Artwork, Antiques, Etc.)
  • Secured Debts (Mortgages, Auto Loans, Etc.)
  • Unsecured Debts (Credit Cards, Personal Loans, Etc.)

If you are unsure of how to gather this information, or are concerned that you will have a difficult locating all of the pertinent facts, you may consider hiring a professional financial expert such as a certified accountant, certified financial planner, or certified public accountant to guide you through this process.

In the interest of getting a fair settlement, it is imperative that you get a clear financial snapshot of all assets and liabilities.  This will provide the foundation to putting together a sound financial divorce strategy and will hopefully put you in a good position to start your new independent financial life.

If you are all situated financially and are ready to move on to your divorce process.  You can simply begin by going to and begin your low-cost specific state do it yourself 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.