Divorce Guide

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Steps For A Divorce

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Family law is different from state to state, but there are enough similarities that the information contained here will apply.



STEP 1: THE DIVORCE PROCESS STARTS

You and your spouse have come to realize that things are not going smoothly. There are arguments, you'd rather be with your friends then your spouse, and there may be long moments of silence at home. Whatever has changed, one or both of you decide it's time to split up and go your separate ways.

One of you has to find a lawyer and file a petition or complaint to get things in motion. Then a summons is served on you. This means that you have a certain time period in which to respond. This time period may vary depending upon your state's laws. The divorce process has officially started.

STEP 2: DIVISION OF ASSETS

Now comes the hard part. Someone usually has to move out. Usually, this falls to the husband. There are many things that have to be taken into account. I am going to touch on only a few.

Money (usually the most important asset) must be divided equitably as soon as possible. Get what is yours as quickly as you can now, because later on it becomes near impossible. Get your own separate accounts set up for a deposit of any funds you manage to get your hands on, preferably at a different bank then your joint account was located.

If you are the one moving out, get your name taken off the utilities, telephone, and anything else to do with the domicile you just vacated. Any asset that has both your names as co-owners should be taken into account and dealt with in such a way that only one of you is the sole owner.

This is a good time to discuss whether or not to sell certain assets, such as a house, boat, cars, etc. Most women want to keep "their" house. If children are involved, it's not a bad deal, as they will not have to move, start new schools, new friends, etc. Just make sure you work it so you get some of your equity out so you can afford to live somewhere other than a shack. A preliminary plan for a budget, think of it as a pre-support plan, should be worked out.
Steps For A Divorce
Family law is different from state to state, but there are enough similarities that the information contained here will apply.

STEP 3: LAWYER-UP

You've been served and summoned to answer the petition or complaint filed for divorce. It's not a bad time to think about consulting or retaining an attorney at this point. You shouldn't put this off until the last minute. Remember you only have a certain amount of time to respond and now the clock is ticking.

In this day-in-age, I believe everyone knows someone who has been divorced and probably many know several. Ask you friends, family or fellow workers who they used. Call around to any attorneys you know personally and ask for referrals. Organize your questions and any pertinent information that you want the attorney to know, and write it down to take to your meeting.

If after meeting with your attorney you aren't comfortable with his approach or just don't like his tie, look for another. Too many people relate that their attorney was or did a bad job in your representation. Grow up! It's your fault if you keep someone on the payroll that you feel isn't working in your best interests.

STEP 4: NO MONEY

What happens when one spouse works and the other doesn't? A word of warning. The one not working should be sure it was not because they were just lazy. The courts frown on those that are able bodied and decide not to produce income. The unemployed spouse can file a motion for an advance reward to pay attorneys fees.

This is to keep things as even as possible and to prevent the unemployed spouse being taken advantage of legally by a rich or well-off spouse. You'll have to attend a temporary hearing. Sometimes these temporary hearings are useful to request temporary custody, temporary child support, use of certain properties, spousal support (alimony), insurance coverage, visitation rights, etc.

STEP 5: TIME TO REFLECT

Once you reach this point, the legal system halts everything. This is called a "waiting period". It varies from state to state before the divorce becomes final. This period gives both spouses time to adjust to new living arrangements, perhaps new surroundings, new feelings and situations.

The court wants to make sure that both parties are sure about their decisions before the final divorce decree is signed and all go their separate ways. Here's your last chance: Do you want to save this marriage? Can this marriage be saved? Can you work out everything to both parties satisfaction and avoid a trial? Is mediation the only way to work out differences? Are the children being adequately provided for? There have been many questions, of which many have already been answered, but the court still gives both people time to think things over.

You'll work with your attorney to take the next appropriate steps based upon the answers and decisions made.
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Gerald Costa has sinced written about articles on various topics from Divorce and Infidelity, Child Custody and Divorce and Infidelity. Gerald Costa was a family man with 3 children that went through the divorce process. He is primarily self taught and strives to impart the knowledge he gained through his own divorce. Find out more Family Law, Child Custody and Custody Battle information. Gerald Costa's top article generates over 1000 views. to your Favourites.
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