That way, you can make educated decisions about your and your children's, if you have them future. To find a good lawyer , seek out recommendations from family and friends or research several family law attorneys in your area. Either way, be sure to interview a few candidates to find the one with whom you will be most comfortable. Some couples live together until the divorce is final, but usually, one spouse or the other moves out before that time. Decide where you, your partner, and your children will live.
Keep in mind that maintaining two separate homes is expensive. Be sure to create a realistic budget that reflects the new living arrangements and ensures both households are safe. All divorces follow the same general process, but extra steps and considerations apply when children are involved. If you have kids, plan to meet with a local family law attorney to discuss where the kids will live physical custody , visitation schedules, child support , and who will be involved in significant decisions related to the children legal custody.
You will also have to sort out who the kids will spend holidays, birthdays, and vacations with, and how you'll handle visits with extended family and friends. Part of divorcing is figuring out who gets what. A good place to start is to make a list and take photos of personal items that belong only to you, such as artwork, jewelry, family heirlooms, or photos and papers that have special meaning to you.
If necessary, give these items to a trusted family member or friend for safekeeping. You should also make a list of property you own jointly with your spouse. Try to include each item's value and gather relevant paperwork such as your vehicle's registration and title.
Be sure to include real estate, vehicles, machinery, household items, personal items, and pets. It's essential to have your financial paperwork organized and in one place, such as a file or binder. Start by collecting and making copies of your legal documents, including:.
If you have trouble finding any documents or your spouse is making it difficult , your attorney can help. You will also need to update your insurance policies so you aren't financially responsible for your ex , will, and powers of attorney. Next, make copies of your financial statements e. Have your paperwork available in paper and digital format so it's easy to access wherever you are—and be sure to keep it all in a secure place.
Many bills and documents are sent electronically these days. However, if you plan to change your house after the divorce, set up a post office box now to ensure you don't miss any important paperwork remember to forward your mail to the new address. Change your passwords on all your accounts, including email, banking, credit cards, and the like.
Since your spouse may know your passwords or be able to guess , this helps ensure your privacy and that you will continue to have access to your personal accounts. Filing for divorce won't impact your credit score directly, but your score could take a hit if you have late or missed payments because of the divorce. Keep in mind that if you live in a community property state , you and your spouse are equally responsible for any debts acquired while you were married. Even if a divorce decree gives your former spouse responsibility for a joint account, lenders and creditors can still come after you.
To protect your credit, open new accounts in your name once you are separated. It's also a good idea to buy identity theft protection —a divorce makes you susceptible to scams by fraudsters or even your ex. Divorce is never easy, but you can help ensure the process goes as smoothly as possible if you stay organized, hire a competent attorney, and assemble a support team of friends and family. Divorce laws vary by state for matters such as process-serving requirements, waiting periods, and grounds for getting a no-fault divorce.
Be mindful that even though your friend in a neighboring state had a quick and easy divorce, you may have a different experience due to your state's laws. Finally, keep in mind that every divorce is different, and this checklist serves as a reference only—not a definitive guide. According to a survey conducted by legal website Nolo, the average time it takes to complete a divorce, from filing a petition to getting a final court judgment, is about 12 months. For cases that go to trial, the average time is closer to 18 months.
The reasons vary by state and whether it's an at-fault or a no-fault divorce. The legal grounds to file for an at-fault divorce include adultery, abandonment, impotence, infertility, criminal conviction, emotional or physical abuse, substance abuse, and mental illness.
The reasons for a no-fault divorce include irreconcilable differences, incompatibility, and irretrievable breakdowns. American Counseling Association. Institute for Certified Divorce Financial Analysts.
For example, if you have a newborn and no job skills, going out to get a job earning minimum wage and paying top dollar for infant care doesn't make financial sense and is probably not in the child's best interests. If you and your spouse can't agree on support, a judge will determine this on a case-by-case basis. Simply gathering all the necessary information for a divorce—let alone navigating the actual divorce process—might seem impossible. You can do it, though, just like so many others have.
Know that it all won't happen at once, and take just one step at a time. Regardless of the path you choose—handling your own divorce, getting online help , or working with professionals like mediators or lawyers—use your checklist and your support network. You can get through the process and come out better on the other side of it. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Child Custody Child Support. Alimony Divorce and Property. Market Your Law Firm. Lawyer Directory. Call us at 1 Divorce Checklist Use the sections below for your checklist. These issues typically include: alimony called "spousal support" or "spousal maintenance" in some states property and debt division, and child support and custody if you and your spouse have children together.
Consider Whether You Need to Hire a Lawyer No state requires you to hire a lawyer for your divorce, but it can make sense for the spouses to consult separate lawyers before beginning the divorce process or before signing off on the MSA. Sketch out a plan. Learn about your state's custody process and begin creating a proposed custody plan, including each parent's visitation with the children, holiday and school break schedules, and other special occasions.
Create a calendar. Create a calendar where you can keep track of the children's time with each parent. Include issues with communication, transportation if applicable , canceled visits, or expenses you've paid.
Learn about child support. Begin considering whether you will need to pay or receive child support after the divorce. If you need child support while the divorce is pending, and your spouse won't agree to pay it, you can ask the court for a temporary support order when you file your petition or response. Collect Marriage Documents Start a documents file by gathering paperwork related to your marriage and estate planning.
Find copies of any prenuptial or postnuptial agreements and all estate planning documents. For example, locate copies of wills, living wills, trust documents, powers of attorney, and advance healthcare directives.
Marriage license. Find your marriage license and place it in a secure location. Life insurance policies. Gather copies of life insurance policies for either spouse. Compile Important Financial Documents Identify all the important financial paperwork you'll need. Begin compiling a list of your joint assets, including vehicles, bank accounts, credit card debts, medical bills, retirement accounts, stocks, bonds, and anything else you believe the court will want to see.
Even though courts require both spouses to provide full financial disclosures, not all spouses make the process easy, so gathering as much information as possible now will help you in the process later.
Be sure to be as detailed and accurate as you can be, and don't exclude anything, even if you're not sure it's relevant. Look for all types of account statements, such as brokerage, checking, and savings accounts. Look for documentation on your joint debts , including mortgages, vehicle loans, retirement plan loans, and student loans.
Retirement plans. Gather all the information you can on any retirement or pension accounts that either spouse accrued during the marriage. Pay information. You may reassure yourself over and over again that it is just a rough patch. Divorce is draining—financially, emotionally, and psychologically—for you and your children if you have any. When it comes to domestic abuse, there is more than just physical violence.
There are many forms of abuse , including emotional and verbal abuse. These can be more difficult to spot, but some warning signs include but are not limited to gaslighting, guilt trips, insults, and dominance in the marriage.
If you believe you are in danger by staying in your marriage, leave. There are many resources available for domestic abuse victims to find help and safely transition out of their marriages.
Reflect on what is making you feel dissatisfied with your marriage and causing you to question whether you should end it altogether. By thinking about it in earnest, you will learn more about yourself, your spouse, and the nature of your marriage. Contemplation will also help you develop self-awareness. It is easy to blame your marital problems on your spouse. But the truth is that a married couple is a team: both you and your spouse play a role. Try thinking about what you might have done to start any conflict which may exist.
From there, you can try to improve the relationship, at least on your end. For many couples, there are things each spouse does that irritate the other, but instead of confronting and discussing those issues, they brush them off. What happens is resentment and anger build.
0コメント