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May 01

Filing Divorce



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Five Steps Before Filing Divorce

Getting a divorce can be stressful and full of situations that are tremendously challenging. Without having some kind of divorce support, it becomes tempting to avoid dealing with it altogether, leaving the prospect of staying in an unhappy marriage as a festering thought in the back of both of your minds.

Then the inevitable moment arrives when, as difficult as it may seem, it is obvious to the both of you that there is simply no other viable choice. So, where do you begin?

Consult an experienced divorce attorney. Informing yourself of your legal rights and options is perhaps the most important step. A good attorney will give you useful divorce information and sound divorce advice that is specific to your situation. Consulting an attorney for divorce help early on will save you from making costly mistakes in the long run. Make photocopies of all your legal documents. You will need to have all your documents during the discovery procedures. The sooner you get copies, the sooner your attorney can proceed with determining how much in alimony and child support, if anything, your spouse will owe. Copy the following:

Tax returns
Evidence of your spouse’s earnings
Bank statements and check registers
Retirement and investment account statements
Life insurance policies
Social security statements
Mortgage documents and automobile titles
Financial statements
Credit card statements
Wills and living trusts

Know your family’s budget and expenses. Look through your check register and become familiar with your monthly cash expenditure. This information will be crucial in making a realistic assessment of what it will take for you to start over, financially. Yes, there is life after divorcea so plan ahead.

Consult with an experienced divorce financial planner. You will need to decide on a winning debt-management strategy. Consider paying down the debt before your divorce to help make things easier afterward, regardless of what the divorce settlement is. Also, take a good look at your credit history. Do as much as you can to improve your credit rating before your divorce is final.

Take an inventory of your possessions. This task may seem daunting at first. Just start with one major thing at a time including cars, furniture, appliances and jewelry, then work down to the minor stuff. This can be the more tedious aspect of what may be an otherwise easy divorce.

Nathan Dawson writes for http://www.lifeaftermarriage.com a great online source for finance information.

Article Source: About the author Nathan DawsonSource: http://www.articlesalley.com/article.detail.php/803/151/Divorce/News-and-Society/18/Five_Steps_Before_Filing_Divorce

Frequently Asked Questions

  1. QUESTION:
    What are the benefits of filing divorce on the grounds of abandonment?
    I really just want to get a simple divorce but I hear that I should file on the grounds of abandonment because my husband just left me and returned? What are the benefits of me filing on the grounds of abandonment opposed to filing uncontested?

    • ANSWER:

  2. QUESTION:
    Is it mandatory that a couple must get marriage counseling before filing divorce?
    Is it mandatory that a couple must get marriage counseling before filing divorce? Even if they do not have children together.

    • ANSWER:
      Not that I’m aware of. It wasn’t for either of my 2 divorces, but that was a decade ago or more.

  3. QUESTION:
    Are you liable for your spouses debt made after legally filing divorce?
    My husband’s ex wife went to an urgent care center one month before their divorce was officially finalized, but of course they had already filed papers, gone to court, and split the debt. They are putting it on his credit because she hasn’t paid. Can he be held responsible for debt she created after filing?

    • ANSWER:
      Talk to your divorce lawyer, if he has a good lawyer then the divorce settlement would prohibit her from racking up any debt in his name or putting it on his shoulders. It sounds like somebody’s trying to pull some crap to me, are you sure it isn’t your husband just paying for her and telling you a different story? When I got my divorce, we went to court and a settlement was made, I was on my own after that and that happened way before the final. Sounds like somebody’s playing you OR your husband got an idiot lawyer and got screwed…either way I’d insist your hubby see his lawyer and go with him so you KNOW what the truth is.

  4. QUESTION:
    My wife cheated on me. What is the legal consideration for filing divorce?
    I’ve found evidence my wife is cheating on me. I’ve been married for 4 years and have 2 toddler girls from this marriage. What is the legal consequence for filing for divorce in adultery cases? Will I be able to win child custody? How about alimony? I live in CA. Thanks in advance.

    • ANSWER:
      All states are considered no fault states beginning with CA. This means, you can’t use this information while filing for a divorce. You can probably say “Irreconcilable differences”. That would be best, especially for your girls. Besides, isn’t it more important to gain your freedom?

  5. QUESTION:
    I am filing divorce in SC and my ex lives in FL. Does he have to be present for the final hearing?
    I am filing divorce in SC and my ex lives in FL. Does he have to be present for the final hearing? We have been seperated for more than 5 years. Ive just talked to him and hes know that I filed the papers and will sign them when he receives them. Does he have to come to SC for the divorce hearing?

    • ANSWER: