Pre Divorce Guide

Pre Divorce GuidePre Divorce GuidePre Divorce Guide

Pre Divorce Guide

Pre Divorce GuidePre Divorce GuidePre Divorce Guide
  • Home
  • Divorce Process 101
  • Legal & Money
  • Parenting
  • New Beginnings
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    • Home
    • Divorce Process 101
    • Legal & Money
    • Parenting
    • New Beginnings
  • Home
  • Divorce Process 101
  • Legal & Money
  • Parenting
  • New Beginnings

Legal and Financial Readiness

Understand Your Legal Options

Uncontested Divorce

Uncontested Divorce

Uncontested Divorce

 Both parties agree on all terms, including property division, custody, and support. This process is often faster and less expensive.

Contested Divorce

Uncontested Divorce

Uncontested Divorce

 When there are disagreements on key issues, a contested divorce may involve court proceedings and more extensive legal representation. 

Collaborative Divorce

Collaborative Divorce

Collaborative Divorce

 Both parties work together with lawyers and other professionals (e.g., financial experts, child specialists) to resolve issues without going to court. 

Legal Separation

Collaborative Divorce

Collaborative Divorce

 For couples who are unsure about divorce, legal separation allows them to live apart while remaining legally married, often serving as a trial period or interim solution. 

Consult with a Lawyer Early

Key Areas to Discuss:

 Property Division:

  • Understand how your state handles property division (community property vs. equitable distribution).
  • Identify what counts as marital property vs. separate property.

Custody and Support:

  • Learn about the factors courts consider when determining custody and child support.
  • Discuss potential custody arrangements, including joint or sole custody.

Spousal Support/Alimony:

  • Understand if you're eligible to receive or obligated to pay spousal support, and the duration and terms involved.

Tips for Working with a Lawyer:

  • Bring all relevant documents to your consultation (e.g., financial records, marriage certificate).
  • Be honest and upfront about your situation to receive the best advice.
  • If cost is a concern, explore free or low-cost legal aid services in your area.

Organize Your Financial Records

Create a Financial Inventory

 Make a comprehensive list of all assets and debts, both joint and individual. Include:

  • Bank accounts (checking and savings).
  • Investment accounts (stocks, bonds, retirement accounts).
  • Real estate and other properties.
  • Vehicles (cars, boats, etc.).
  • Debts (credit cards, mortgages, loans).
  • Personal property (jewelry, collectibles, etc.).

Review Your Credit Report

  • Check your credit score and ensure all joint debts are accounted for.
  • Consider opening an individual credit account if your name is not already on one to establish financial independence.

Plan for Your Financial Future

  •  Estimate your post-divorce living expenses, including housing, utilities, child care, and personal needs.
  • Identify areas where you may need to cut back or adjust.

Protect Yourself Financially During the Process

Separate Finances

Secure Important Documents

Secure Important Documents

  •  Open individual bank accounts if you haven’t already.
  • Close or freeze joint accounts to prevent unauthorized withdrawals or charges.navigate these complex issues.

Secure Important Documents

Secure Important Documents

Secure Important Documents

  • Keep copies of all financial and legal records in a safe place (digital and physical). 

Track Spending

Secure Important Documents

Track Spending

  • Document household expenses and individual spending. This can be useful for determining support obligations. 

Know Your State’s Laws

Key Topics to Research

  •  Waiting periods for filing and finalizing divorce.
  • Residency requirements to file for divorce.
  • State-specific guidelines for custody, support, and property division.

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