Divorce Isn't A Walk in the Park

So you’ve made the decision that the big “D” is the answer to all of your woes.  You’re angry, emotions running rampant and its payback time for the one that you have been living with for years.  It’s time to move on with your life to shed this marital relationship and live happily ever after.

Here are a few questions that need to be answered before you plunge into a divorce – if you answer “no” to any of these questions you’re not ready to even think about filing for divorce.

1.       Do you know the Statute of Limitations in your State

2.       Do you know what divorce forms should be used

3.       Do you know your State laws about serving a spouse divorce papers

4.       Are you eligible for a “Summary” divorce

5.       Do you know what county or precinct you’ll file divorce papers

6.       Do you know how to answer a divorce petition

7.       Do you know the laws about child custody

8.       Do you know how to fill out interrogatories

9.       Do you know the residency requirements in your state

If you aren’t sure about any of the questions above, then go to your State government site and find the answers.  Don’t depend on the Internet to answer all these questions because you’re certainly on a “need to know” basis and you must follow the famly laws in your State.

 

Even if you are planning on hiring legal counsel, it’s your responsibility to know the preliminary procedures required for filing a divorce.  1200 judges were interviewed recently and they stated that over 50% of those representing themselves or going pro se don’t have a clue about courtroom protocol or filling out divorce papers correctly.  They go on further to state that most pro se litigants leave the courtroom with their bucket less than half full, meaning you’ve just shot yourself in the foot and your errors will affect your future possibly for years.

It’s time to stop blaming judges – it’s time to do your homework and study the family laws in your State.  It’s totally unfair to blame the judge, the attorney, your spouse for your errors.  So before filing divorce papers start building your case. 

You want custody of the children – then show proof that you’re the best choice as the primary caregiver.  If you want alimony, then you need to show the judge why you actually deserve alimony.  Alimony laws are changing throughout the USA and there again it’s a good idea to find out what the alimony laws are in your State.

Document all liabilities such as auto payments, charge cards, loans, mortgage payment and include marital assets. If there is a pre- nuptial agreement document it so the judge can review and make his or her decision.  If there are major assets that you brought to the marriage, document all of them showing date of purchase and paid receipts.

Honesty is the best policy here – don’t attempt to blindside your spouse, attorney or the judge or it will probably bite you in the fanny.  If you have savings or a retirement fund that your spouse doesn’t know about, include it. 

So before filing for the big “D” remember that what you don’t know may hurt you - take ample time to prepare yourself before your day in court arrives.  If you allow anger, emotions and the desire to make a big “pay back, your divorce will probably end up in one gigantic train wreck.

As Always,

Little Tboca