Getting a divorce is an ongoing and demanding process. It can take months or even years unless you start preparing for it in advance. Once the decision is final, many couples rush to the court without a proper understanding of what they wish to achieve. Filing for divorce should not be the first step but rather the final stage of preparation. Before taking that step, you should first try for Family Mediation Toronto. This article highlights the vital things you need to know to prepare for divorce.
Gather the documents
The list of documents required to start a marriage dissolution process is quite extensive. It includes both personal information and more specific data (financial, legal, etc.). Collecting all the certificates and receipts can take a long time, so it is better to start early.
- Finances and property
Financial documents are numerous. Here is the list of the most vital ones:
- bank and health account numbers and stats
- federal tax returns
- credit card statements
- income information for the past three years (W-2 or 1099 forms)
- insurance policies
- retirement account statements
- list of assets and inheritance
- debts and personal loan statements
- Marriage
Typical documents a person needs to apply for divorce are copies of a marriage certificate and a marriage license. A petitioner (filing spouse) must also provide grounds for divorce, which may be fault-based or no-fault. Also, think of other information that could be useful, such as counseling sessions during the marriage and how many meetings with a therapist either spouse had.
- Personal data
The court requires the following information about both the petitioner and the respondent:
- full name and home address
- social security number
- driver’s license
- ID card
- employer’s address and phone number.
- Information about children
The complete list of divorce papers for couples with children is more extensive than for childless couples. Spouses should be ready to provide the following information:
- name and date of birth
- birth certificate
- medical history
- the current child custody arrangements (where and with whom they live)
- health insurance
- obligation for child support, etc.
Take care of insurance
Once the divorce proceeding has started, there may not be a way to make any quick changes to insurance policies, such as changing beneficiaries. Depending on the state law, the judge may issue a standing order forbidding any spouse from altering financial documents or wasting funds. That being said, you should make all decisions about insurance before the case is filed.
If you are the one who is covered with your spouse’s insurance provided by their employer, you might want to shop for an individual option. As for life insurance, you should decide whether you wish to remove your spouse as a beneficiary and designate someone else.
By the way, a life insurance policy may be considered as marital or separate property, depending on its type (term or whole) and state laws. “If the policy was initially purchased before marriage and continued during the marriage, under the inception of title approach, the cash value of the policy would be separate property,” clarifies J. Thomas Oldham in his book “Divorce, Separation and the Distribution of Property.”
Prepare financially
Apart from gathering various financial documents, a crucial financial preparation stage is understanding how much money is spent monthly on primary and more specific needs. The lifestyle analysis is beneficial when spousal support or other financial obligations are in question.
Before you file a marriage dissolution case, it would be wise to save or have access to enough cash to live on for a few months. The process could take a lot of time. Plus, there is almost always a waiting period before getting a final decree. Besides everyday expenses, you would also have to pay legal and filing fees. Although you can ask for temporary support, a judge will not award it immediately.
In some cases, you also need to consider hiring a financial advisor. Even if you’re planning to conclude a settlement agreement, you still might want to get professional advice. “What looks fair and equitable on paper may not be actually fair,” says Michelle Jacobik, a financial coach and author of “Prosperity After Divorce.” Sometimes, only a qualified specialist can make sure that you make the right decisions.
Consider alternatives to divorce trials.
Divorce does not have to be a battleground where each spouse will try to take something away from the other or punish them somehow. There are several other, more peaceful options for parting.
1. A do-it-yourself divorce.
This option suits those couples who pursue an uncontested divorce and just want to obtain a final decree. They often have nothing to share, and they do not have children, although there are different circumstances. The essence of a DIY divorce is that the spouses independently prepare all the necessary paperwork and submit it to the court without hiring a lawyer. Advantages are obvious. Such an option is inexpensive and less emotionally strenuous than going through litigation. One of the cons is room for mistakes when collecting and filling out the forms.
2. Divorce over the Internet.
Online divorce services like oklahomaonlinedivorce.com have become a lifesaver for many couples who want to get divorced without an attorney. Divorce companies offer to fill out an application for divorce online and other services at a relatively affordable price. One of the main requirements for using a web divorce service is that the spouses do not have conflicts about the critical aspects of their separation.
Additionally, some Internet divorce companies take care of the filing and serving process on behalf of their customers, which makes the whole process of getting a divorce a lot more convenient and fast. Yet, there is rarely a way to fully complete divorce online and get a final judgment without setting foot in the courtroom.
3. Mediation.
A married couple can resolve their conflicts with a mediator’s help and agree on child custody and property division. A professional mediator is a person who has received special training and can organize negotiations between spouses in a relatively peaceful environment. Mediation is less expensive and more private than court trials, making this option very attractive.
Consult professionals
In the divorce process, a person may need expert opinion and advice on specific issues. Depending on the type of divorce (contentious or amicable), the list of specialists may vary. For example, if a couple plans to go through a full-blown trial, they most certainly need a lawyer like this Raleigh divorce attorney. In this case, the cost of divorce will be higher than for spouses who can resolve their disputes before filing for divorce.
Legal services are not the only ones a person might need during preparation for a dissolution of marriage. Other specialists include alimony and property division experts, tax accountants, insurance specialists, real estate agents, etc. If you have children and are dealing with a narcissistic ex, you might even need tips to help deal with them from sources like https://unmaskingthenarcissist.com//narcissists-use-children/ .
Protect your mental health.
Divorce is about change, and change is always scary. But there are not so many reasons for fear. “At the end of your marriage, your job, at least in part, is to let go and move away from the wreckage to create something better,” says Karen Finn, a life and divorce coach. Instead of seeing the end of your marriage as a failure, look at the bright side. Maybe it is a chance to become happier and turn your life into the most enjoyable adventure.
