Simple Divorce Advice

Divorce advice and support from lawyers, mediators, divorce coaches, financial experts, collaborative specialists, therapists, dating experts, child specialists and other profesionals who work in divorce.



Planning and Direction

November 15, 2011

Will a Do-It-Yourself Divorce Meet Your Needs?

Will a Do-It-Yourself Divorce Meet Your Needs? How Could You Know if a Do-it-Yourself Divorce Form will meet your needs?

Do-it-yourself forms are fabulous for divorces that are uncomplicated, where assets are easily divisible and child issues are not problematic. If you are able to amicably come to an agreement with your spouse about issues then do-it-yourself can be a simple, cheap alternative.

If your financial circumstances are complex and you are not sure how assets can or will be divided then you will need help from some sort of divorce professional whether it be a lawyer, financial specialist or child specialist.

Coming to arrangements concerning property distribution can be difficult. The larger the estate, the more complex the issues can be and Do-it-yourself divorce forms do not always have the ability to address some distinctive concerns. Debt is a major consideration in divorce, debt needs to be divided and addressed in the divorce settlement. In saying this, it may not be possible for one spouse to hang on to certain assets, including the family home, if debt is going to be crippling. Likewise, if dividing up your property is a no-brainer, then a Do-it-yourself form will most likely work great.

Stocks and retirement plans along with other similar assets are thought to be “future income” when it comes to divorce. This means that your pension or profit-sharing plan will generally be within the marital asset pot and you will have to split its worth. This can get complicated since a simple buy out will not account for the future income and dividends the retirement account may get. Additionally, it must cover any tax issues that will arise. If you or your husband or wife has substantial investments that can’t easily be divided then specialist input is a good idea.

You and your spouse must come to an arrangement concerning custody, visitation and support for any children of the marriage. Kids are one of the most difficult issues in a divorce and probably the most emotional issue that will be dealt with. There’s actual physical custody to think about – will little Jane or Jimmy live with Mommy or Daddy? – Visitation for the non-custodial parent, not to mention, child assistance. If you and your spouse can come to fair and reasonable arrangements as to how custody and monetary concerns will be dealt with then a DIY form should be sufficient.

In some places, spousal support is part of the divorce process, many states do permit partners to address spousal assistance (alimony or maintenance) in a prenuptial arrangement; the judge will still evaluate it to be certain that it is reasonable. The same is true with a Do-it-yourself divorce. If you and your partner have consented to a fair arrangement or if both sides can adequately provide for themselves with no support, a standard form can handle this matter.

You and your spouse need to understand the divorce laws and regulations of your state and meet all of those specifications. Every state has regulations that set out how a divorce might be obtained. To be able to have your divorce given through the court, you have to meet numerous specifications and also file the divorce following well-known processes. Before choosing to do the divorce yourself, make sure you and your spouse comprehend the laws and specifications of your respective state.

Obviously, every divorce is unique so only you and your spouse can determine if a do-it-yourself divorce meets your needs. The more the 2 of you perform together, the more likely it is you could handle the divorce on your own. And lastly, if you do struggle with the do-it-yourself process, seek advice from any professionals you need.

Anthony Karal.

Anthony is one of the co-contributors to Win Your Divorce The Workbook – the www.simpledivorceadvice.com – a workbook for all the areas of divorce to give our readers the help they need to move forward through the divorce process and into a new life.

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