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Your divorce settlement will be very specific to your situation and state laws. The terms of the settlement are within a Divorce Settlement Agreement that is incorporated into a document often referred to as a Divorce Decree. The terms are determined/negotiated between you and your spouse rather than terms established by the courts. It will usually include but is not limited to the following: division of marital assets such as cars, boats, homes, tax refund, rental property, vacation homes, personal property, household items, investments, retirement accounts, 401K, pensions, bank accounts, insurance, etc. It also includes division of marital debts such as credit cards, household expenses, mortgage and any other marital debts. It specifies custody arrangements, visitation, child support, alimony & maintenance. It may include tax payment specifics and liability. A provision for future modification of the Divorce Settlement Agreement may be included.
Empowering Low- and Moderate Income Women to navigate the complicated, legal divorce journey.
Books about achieving the best settlement
1. What are the types of divorce offered in my state?
2. Is there a mandated separation period before we can get divorced? If so, how long?
3. Does the separation need to be recorded or filed in the courts to be recognized as a legal separation period?
4. Based on different types of divorce offered in my state, what is the typical duration and what is your experience and success rate with each type of divorce?
5. Do you have any conflicts of interest or have you met or do you know my spouse?
6. If my case goes to court; tell me about your courtroom experience and success winning cases that have been litigated.
7. Based on the available options in my state and the circumstances of my case, what strategy would you recommend to obtain the best settlement? What is the likely outcome based on your recommendation and what are the fees and expenses I can expect.
8. Do you recommend a legal separation agreement to establish support, living arrangements and other details while my spouse and I are awaiting our divorce?
9. Will you be doing the majority of the work on my case or will there be other professionals within your firm that will be working on it? If so, will you remain my primary contact or will I be communicating with the other associates or paralegals, as well? Is the cost the same when I am communicating with them or when they do the work on my case?
10. Do you recommend I hire any other professionals such as a forensic accountant, private investigator, tax attorney, psychologist? If you hire them, how would you charge me for there services?
1. Establish goals of the separation such as time to improve the marriage or a period of time to determine divorce plans.
2. Keep communication with your separated spouse limited until you both can discuss your goals of the separation without arguing .
3. Think carefully before you respond to communication from your spouse to avoid regretful threats or escalated responses that lead towards a non-productive or bad direction you both wish to avoid.
4. Speak with a counselor or someone who can help you maintain a clear perspective and deal with the emotional aspects of separation.
5. Stay healthy but don't put too much pressure on yourself to "get healthy". Establish a good outlook to help you cope with this difficult time but don't do try to quit all bad habits, start a ton of good ones and basically change everything about yourself. It can backfire and send you into a freefall.
6. Avoid sharing too much personal information in your social circles about your circumstances and spouse. It can feed gossip about both of you in your sphere of friends and family. Unfortunately, divorce is a huge talking point in all gossip-happy circles.
7. Avoid dating or sexual relationships until your divorce is final. It will avoid emotional retaliation that could breakdown communication with your spouse regarding the settlement.
8. Avoid sex with your spouse to avoid misunderstandings unless you both are focused on recovering the marriage.
9. Keep yourself busy when your kids are gone or during times your formerly spent with your spouse. A second job, hobby or some classes at the community college are all great ways to improve self-esteem and keep your mind off your worries about the separation.
10. If your plans are to eventually divorce, this is the time to start gathering all necessary paperwork such as income and asset information, tax returns, insurance policies, etc.
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