Preparing for Divorce

If you are at the point where you are thinking about how to prepare for divorce, our Divorce Tool Box will guide you through the various stages. 

Listed below are some of the topics/areas that Divorce Tool Box covers in order to give you a better experience before, during and after divorce.

After you have discussed the marital issues with your spouse, have each of you decided that the breakdown of the marriage is irreversible, therefore absolute? Are each of you of the opinion that divorce is the only solution to the marital problems?

Divorce is a big step and proceedings shoudl not begin in haste. Both spouses should have the opportunity to think about whether this is exactly what they want. In some circumstances, couple find that a dissoultion is not only possible but preferable. At Divorce Tool Box, we understand that planning for divorce may not seem like a task you want to do as it may be overwhelming and you are not sure where to begin but with our help we can make the process seem a bit easier.

Relationship Counseling

In some states, marital realtionship counseling is a legal requirement as a pre-curser to divorce. If this applies to you, attempt to view it as a positive while keeping an opened mind toward the final outome. If you are already considering divorce, you really don’t have anything to lose. Counseling sessions may help rebuild your relationship with your spouse as you discuss and work toward problematic issues, therefore, deeling divorce unneccesary. On the other hand, you may develop a better understanding of each other and the goals of divorce from each other’s perspective, which can be helpful when negotiating your divorce settlement.

If after you have concluded relationship counseling and have made the decision that it is time to plan for divorce, then there are many considerations that must be given. 

Where will you file for divorce?

Divorce is handled by the sate rather than the federal government, therefore, you will need to decide in which state you will apply for divorce before you begin proceedings.

It is the norm to file for divorce in the state in which you live, therefoe, you must meet residents’ requirements before you can apply.

In order to prove that you meet residency requirements, you will need to supply your driver’s license, your tenancy agreement, voting registration card or whatever documents that your state requires.

State Requirements

Divorce requirements vary from state to state. Consider the laws for your state and make sure you follow the correct procedures making sure not to make assumptions.

What Type of Divorce will you file?

Divorce Tool Box can help you decide what method of negotiation you will use. Will you involve lawyers? Will you fo to court? Or, will you keep discussions between yourslef, your spouse, and a third-party mediator?

Listed below are the different types of divorce:

No-Fault: Neither spouse is required to prove fault or marital miscondct for the breakdown of the marriage. It is often considered the most common type of divorce.

At-fault: One spouse blames the other for the breakdown of the marriage.

 Summary: This type of divorce is also referred to as a simple divorce. This type of divorce is usually offered to couples who do not have children, significant assets or liabilities, can agree to the terms of their divorce and file legal papers jointly. This type of divorce an easily be accomplished without the aid of a lawyer.

Uncontested: The couple works together to reach their own agreement considering division of marital assets, liabilities, personal property, cutody arrangements and other pertinent issues of the children wthout taking their case to trial.
 
Collaborative: This process attempts to work cooperatively in an attempt for the couple to reach a settlement in order to remain out of court. Each spouse has his own lawyer and diligently works to reach a settlement that is acceptable to both spouses.

Mediated: This is a sructured process with a neutral third party referred to as a mediator, who will help the couple come to an agreement by communicating and offering suggestions for each unique circumstance. Once finalized, this agreement will be incorporated into their final divorce decree.

How wil you Divide your Personal Property?
 
It is generally accepted among all states that there are two types of property wthin the marriage:

Seperate property and marital property.

Seperate Property:
 
Is property belonging to only one spouse and includes but is not limited to:

·      Property owned by either party prior to the marriage

·     Gifts received by one spouse before or during the marriage

·  Inheritance

 Marital Property:

Is everything that either of you earned or acquired during your marriage unless you agree otherwise and includes but is not limited to:

·      Income / property acquired during the marriage

·       Bank accounts, investments, and savings 

·       Pensions

·      Vehicles

Where will you live?

 Property is often one of the core issues at the heart of a divorce. Divorce Tool Box helps you answer important questions relating to assets and liabilities when you are preparing for divorce, including:

·      Will you or your spouse remain in the marital home?

·     If not, which of you will move?

·      Will one of you buy the other’s share or will you sell it and split the proceeds?

·    If you prefer to stay in the marital home, will you be able to afford it with only your income?

Personal Belongings and Important Documentation

If you are moving from the marital home, don’t forget to ensure that your mail is forwarded to your new address, so that legal papers and personal information don’t go astray. Making a list of who to notify of your new address may also be beneficial.

Ensure that you take personal papers and documentation from the marital home, as well as any personal items. In the chaos leading up to divorce, personal items can go missing, either accidentally or on purpose. Divorce Tool Box helps with a step by step process for division of personal property and offers helpful tips to keep a watchful eye throughout the divorce process.

Children 

If you have children, consider whether or not they will live with you or your ex-spouse. It’s also wise to think realistically about custody matters such as how much time you would you like to spend with them and how you can work this out with the other parent. 

Take into consideration the possibility that children may need to change schools if they will be living elsewhere.

Of course, you should consider the emotional aspects of divorcing with kids, as well as the logistical. Divorce Tool Box will help you ascertain how your children view your divorce and how to plan effectively for their future. They are the biggest casualties in any divorce, so try to make this as easy as possible for them by remaining on good terms with the other parent and learning how to co-parent for their best interest. 

Divorce Tool Box can help when it comes to preparing for divorce as we offer resources, advice and tips. We understand that not every divorce will be the same, there may or may not be children involved, and we have taken this all into account as we developed our online program. We offer two programs: Divorcing with Children and Divorcing without Children.

If you would like more information on preparing for a divorce, please feel to contact us today. You can also view our blog where we offer informative articles regarding tips for co-parenting and finding the best divorce lawyer.