© Karl Augustine, 2005 Stop Divorce
"A Practical Guide To Deciding Whether Or Not To Get A Divorce"
Deciding on Divorce
Divorce On A Budget: Self Help Divorce, Attorney Consultations &Amp Minimizing Costs
If you are like many, you may find the possibility of divorce to be overwhelming and unaffordable. In addition to being a stressful and emotional time in your life, a divorce can also be financially draining. There are a number of ways, however, that a self help divorce can be achieved through a combination of quality divorce advice from a licensed divorce attorney and cooperation from both your and your spouse.
As most divorce lawyers will tell you, the least expensive way to achieve a divorce is through an amicable settlement involving both parties. If you and your spouse can agree on child custody , alimony, the division of assets and other important information relating to the divorce, you may be able to achieve satisfaction through divorce mediation. Because a neutral third-party individual presides over the matter, both you and your spouse will need to seek the help of a divorce attorney if preferred. Although not required, a divorce lawyer can offer important information throughout the mediation process, including your rights under the current divorce laws and advice on divorce that you may not otherwise consider. A divorce mediation is quicker and more affordable than a lengthy litigation process through divorce court. There are several instances in which divorce mediation may not be an option, including a marriage that has a history of abuse or when one spouse is fearful of the other.
If you prefer to file divorce papers independently after having researched your own self help divorce information, it may still be to your benefit to consult with a professional divorce lawyer. In many cases, divorce attorneys offer a free initial consultation. It is important to inquire about this policy prior to scheduling a meeting, however, as every divorce lawyer has his-her own guidelines when it comes to client meetings and-or telephone calls. If you are able to schedule a free or low-cost consultation, it may be well worth your time to speak with a professional who can offer valuable divorce advice on your case. Because divorce lawyers are experienced and knowledgeable about local divorce laws, you may find that the information gained is priceless. Even if you choose to proceed with filing the divorce papers yourself, having spoken with a divorce attorney may prove to be helpful in the future. This is especially true if a problem should arise within the case and you can then retain the services of that same attorney who is already familiar with your situation.
In most areas, legal aid is also available to help those who are financially strapped and still need help with legal issues. Because the litigation process through divorce court is both complex and lengthy, the legal fees can quickly add up. In some instances, a trial may be the only option. For those who can work together, settle their matters in a civilized and fair fashion and wish to minimize their expenses, consulting with a divorce lawyer about various options may be a good idea. Unless you have a very good understanding of local divorce laws and the legal process in general, filing your own divorce papers may be difficult. If nothing else, a divorce attorney can help you to get the appropriate papers completed and filed while offering professional divorce advice to help make this stressful time a little less painful for all involved.
The information contained in this article is designed to be used for reference purposes only. It should not be used as, in place of or in conjunction with professional legal advice regarding divorce, child custody, alimony, self help divorce and-or divorce laws. If you are in need of divorce advice or are considering a marriage separation, consult with a professional divorce lawyer in your area for further information and-or divorce advice.
Andrew Daigle is an author and creator of many informational websites including Divorce Attorney Search, Mesothelioma Attorney Search and many more.
Divorce Asset Protection How To Protect Your Assets During Divorce
How to protect your assets during a divorce? Protecting assets through a divorce can be a complex financial process further complicated by the emotional devastation. If you are going through a divorce it may be important to you to determine ahead of time what your assets are and how you will protect them from your spouse.
The first step will be to hire a lawyer familiar with the laws for dividing property in your state. Good legal council will prove invaluable in defending your claims to property and can give you names of appraisers and accountants to help your case. Your divorce lawyer will also assist you on how to remove any Powers of Attorney granted to your spouse for control of your property and finances.
There are several steps you should consider when trying to protect your assets during Divorce:
1. Identify everything that was given to you as a gift or family heirloom.
2. Identify community property.
3. Hire a professional appraiser.
4. Figure out how you will split retirement and physical assets.
IDENTIFY GIFTS AND FAMILY HEIRLOOM TO PROTECT ASSETS DURING DIVORCE
A camera will prove to be your best friend during a divorce. You should make a list of all items which were given to you before and after the wedding and take pictures of these items prior to removing them from the residence. Once you have compiled your list you should remove all your personal items to a location not easily accessible to your spouse.
Your spouse will be within their rights to claim any items you leave behind in the residence and do not immediately claim. If you or your spouse left the residence voluntarily, either of you is entitled to return at any time and retrieve belongings. If locks have been changed, except in the case of a court order, you are within your rights to have a locksmith open the doors. Your next step will be obtaining, if possible, written proof of who gave you the items and when they were received.
COMMUNITY PROPERTY ASSETS
Community property of assets refers to the belongings shared by you and your spouse, such as the furniture, pots and pans, etc. It is important to take pictures of these belongings as well before you remove the items you wish to claim as your own. Photographs are especially valuable if there are expensive items you would like to have but did not have the ability to move and you feel your spouse may try to take them. All photographs should be kept in a secure location not readily accessible by your spouse.
HIRE A PROFESSIONAL, INDEPENDENT APPRAISER FOR DIVORCE ASSET PROTECTION
Division of property during a divorce is determined by the fair market value of the disputed items to ensure one party is not being favored over the other during settlement. An appraiser will be necessary to determine accurate estimates, although you should consult your lawyer on finding a qualified individual.
Using the same accountant who handled your assets in the past may seem suspicious and a court may order another appraisal or rule in favor of your spouse's accountant. It is critical that an appraisal be straightforward and unbiased for the protection of assets during Divorce.
ESTATE PLANNER CONSULTATION TO DIVIDE AND PROTECT ASSETS DURING DIVORCE
When considering how to divide assets prior to divorce settlement, it is wise to consult a professional estate planner or financial analyst. For example, if you are thinking about selling your home it may be wise to do so prior to settlement since you are entitled to deduct up to $500,000 of the sale from capital gain taxes.
Selling the home after the divorce is final and reduces your benefit to only half of the sale price. Retirement assets and stocks should also be discussed. If you and your spouse choose to split the retirement benefits you must sign a Qualified Domestic-Relations Order which notifies the pension sponsors how to pay the benefits. Although you cannot take stocks in your spouse's name you may be entitled to the proceeds once they are sold.
EXCEPTIONS TO THE RULE ON DIVORCE ASSET PROTECTION
Some states, such as New York, are known as "equitable distribution" states. "Equitable" mean "fair" and assets will not be divided right down the middle based on their fair market value. Division of assets according to New York Divorce law states that all property obtained prior to the marriage still belongs to the individual and all property obtained afterwards will be distributed by the court based on established guidelines.
The factors a court considers in equitable distribution states for divorce assets are:
1. The difference in income and property from when the marriage began to the date divorce was filed.
2. The age of both individuals and how long they were married.
3. The needs of a parent who has won full custody of children involved .
4. Any loss of pension or inheritance.
5. What contributions the parties made to acquire the property.
6. Future earning potential of both parties.
7. Tax consequences.
If you are considering divorce it is wise to consult a lawyer as soon as possible to ensure the protection of your assets and help you understand your rights as they pertain to individual state law. For maximum protection Estate Street Partners is available for consultation during and before a divorce.
Author bio - Rocco Beatrice, CPA, MST, MBA
Award-winning estate planning & trust expert
MS - Taxation, Master of Science Taxation
MBA - Management / Taxation
BSBA - Management / Accounting
CPA - Certified Public Accountant
Asset Protection Irrevocable Trust, Estate Planning
Hide Your Assets Now
71 Commercial Street #150, Boston, MA 02109
tel: +1.508.429.0011 fax: +1.508.429.3034
Divorce Is Pain And Anguish! What About Life After Divorce
Build a New Life after Divorce
Divorce is a critical period of one's life, full of pain and anguish. It greatly affects the lives and is a destabilizing event for all people involved. The court's legal judgment gives the divorce verdict pertaining to dissolution, property, support and custody of the children. In actual, divorce involves much more beyond that. It may involve distrust, anger, frustration, fear, pain, cheating, guilt, hurt, tension, depression, nervousness and illness along with many more such negative feelings. After your divorce you may be left emotionally scarred. All the negative feelings that you could experience may wreak havoc and you might be reduced to a nervous wreck.
Be Positive and Realistic
Be strong and practical, and face life with new vigor and confidence, after the divorce. It is easier said than done, of course. You may find it to be very difficult to undertake this daunting task, but you will have to do it for your sake and for the sake of your children. Leave the past behind and start fresh is what you must do. Do some self introspection, understand the reasons for your failure and avoid making similar mistakes in the future. Break off from the old relationships and old patterns of behavior. You must cultivate a positive and realistic approach to life.
Make Plan and Arrangements
Build your physical power to become physically strong, so that you will be able to build life with renewed vigor. You can also do some financial planning to get your finances on track. You also know that life is going to be unsettled and disturbed after the divorce, so you must plan life with proper fashion now. You have to make arrangements for your children's support, protection, welfare and education. If you are not working, then you must look for a job so that you can be financially independent.
Go Ahead with Your Life
Remember that a divorce is not the end of the world. In a divorce you must make an effort to understand the basic real issues that are involved. This will help you to be armed well with the necessary tools to deal efficiently with the problems resulting out of a divorce. Develop a sense of self esteem and build on your self confidence. You have to create a secure and safe environment for your own self and your children. With greater self confidence you can be positive and go ahead with life after a divorce.
Marriage Problems. Why Us? blog is changing the way you think about your marriage or relationship with cutting edge information.
Beyond Divorce New Year's Resolutions For Life After Divorce
Divorce brings new fears, feelings and frets. As the new year approaches, don't let it pass you by. New Year's resolutions are famous this time of year, so why not focus on making the most of this time of year and choose a worthwhile resolution.
While losing weight and making more money are typical, why not go for something a little different.
How about something more productive both for you and your children, such as:
1. Letting go of your anger toward your ex-spouse so that you can move forward boldly into this new year rather than still cling to the hurts of the past?
2. Plan to begin dating again this year. The goal here should not be to get married again, but just to get out of the house and meet interesting people
3. If you're engaged to remarry, why not use this next year to complete your step family preparation. Give yourselves the gift of time so that you're both sure this is the next step in your relationship and that you're ready.
4. If you've recently remarried, resolve to learn ways to nourish your marriage and develop better relationships with your step children. Don't just accept that you won't ever be close to your new step kids or take this new marriage for granted. Take time NOW to learn how to strengthen all of those relationships.
Where ever you are in the divorce to remarriage life span, make this year a year to move forward and not remain stuck in the past! Now is the time to act. Create the remarriage and step family of your dreams today.
You can begin that process today at http:--www.RemarriageSuccess.com
I invite you to learn more about the differences between a first and second marriage. Sign up for our free 5 day e-course, "What's Unique About Remarriages" today at http:--www.RemarriageSuccess.com-e-course.htm
By Alyssa Johnson at RemarriageSuccess.com
About the Author: Martin O'Keeffe is the founder & president of iMEDIA, LLC, a telecommuniations consulting firm based in Atlanta, Ga. Contact him at 1voipgeorgia.comcast.net or http://www.voipaware.com or http://www.voipbusiness.ws
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