A divorce is a life-changing event that will affect you and your family for years to come. It is an emotional and difficult process, but there are some things you can do to make it easier on yourself.
Make copies (paper and digital) of financial statements, insurance policies, powers of attorney, and wills. You'll need these as evidence in court or when negotiating the terms of your divorce settlement.
It's important to choose an attorney who you feel comfortable talking with about your finances, children, and future. They should also be well-versed in the laws in your state and understand how they apply to your situation.
Divorce can be a devastating financial blow for a couple. It will affect the amount of income each spouse has and how much they can save. It will also have a significant impact on the value of your marital home.
No matter what the reasons for a breakup, it's never easy to decide to end a marriage. However, divorce is a necessary step for some couples and can have positive benefits.
Sometimes two very good people just aren't meant to be together, so separation is the best option. This can be especially true if you have children and are concerned about the effect of divorce on them.
A divorce is a big step, and it's often accompanied by a great deal of anxiety and fear for the future. If you're feeling overwhelmed, you might consider seeking counseling or professional advice to help you through the process.
The last thing you want to do is end up with a divorce that's unfair to your spouse. If you're honest and fair with your spouse, they will be more likely to agree to the terms you ask for.
Unless you're dealing with an uncontested divorce, it can take months or even years to settle all of the issues of property distribution, child support, alimony, and custody.
Having a clear plan for dividing up your estate will help ensure that all of your hard-earned assets are protected and that any debts you have are divided fairly among the parties involved in the divorce.
Money can be a source of conflict in a marriage, especially if one spouse is a spendthrift. It's also an area of disagreement that may lead to resentment. If you and your spouse are able to work out an equitable division of assets, debts, and expenses, you'll find that it's easier to move forward in a healthy manner.
If you and your spouse are having problems with your marriage, it can be difficult to determine whether a divorce or a separation is best for your situation. These two alternatives can have different effects on your personal and financial life, so it's important to understand the differences between them before making a decision.
Divorce is considered the legal end of a marriage while separation is not, but they both have similar effects and both can be helpful in certain situations. In fact, both options can be used to resolve many of the same issues: child custody, child support, division of marital assets and debts, spousal support (also called alimony if you're getting a divorce), and other matters related to your personal and property rights.
Getting separated can be quicker and less stressful than filing for divorce because you don't have to go through the whole process. You and your spouse can come to a separation agreement with the help of a mediator or attorney without the need for court involvement.
It's a good idea to work out an agreement before you file for separation and divorce because this can save you time and money in the long run. It also helps to eliminate the chance that you'll end up in court and lose important agreements that have been made between you and your spouse.
Separation can be informal or formal, depending on your state. Some states will recognize separation as permanent and allow you to remain legally separated indefinitely, while others will put an expiration date on the separation and give you a deadline to decide whether to reconcile, ask the court to extend the separation or file for divorce.
When you separate, you can still be regarded as next-of-kin to your spouse and be able to make medical or financial decisions for them on their behalf. You'll also be able to collect some benefits, such as social security and pensions that you might not be entitled to during a divorce.
You'll be responsible for the joint debts that you incurred during the marriage but not for any new debts that your spouse incurs. In some states, you can even inherit from your spouse while you are legally separated, but a divorce ends those rights.
If you and your spouse have children together, separation can help you to avoid the long, drawn-out process of divorce. It can also provide you with a temporary solution so that you and your kids can remain together until your separation agreement is complete.
Some couples choose to separate for tax or insurance reasons. This can be especially true if the couple has children and one of them works outside of the home.
The other advantage of separation is that it can help you to keep health care and other benefits that might not be available if you were divorced, such as Medicare and insurance for your children. However, it's a good idea to check with your insurance company before you decide on this option.
When a couple is married, they are considered to be legal spouses. They have certain rights and responsibilities, such as the right to spousal support and division of shared property.
If one or both of the parties have a valid reason for filing a claim, they can end the marriage through a process called an annulment. These claims can be based on a variety of reasons, such as fraud or bigamy.
A few states also allow for extrajudicial religious annulments, which are a less judicial way to end a marriage. These can be a good option for couples who cannot obtain an annulment through normal means.
The most common grounds for an annulment are:
A spouse who hides important facts before the wedding, such as having children or a high debt load, may have committed fraud and be eligible for an annulment. However, a court might deny an annulment if the spouse who hid the information would have agreed to the marriage anyway or moved out immediately after learning the truth.
Another reason for an annulment is that one spouse was unable to "consummate" the marriage with sexual intercourse. This is a legitimate reason for an annulment, but it is up to the state to decide whether to grant an annulment on this basis.
Some states have strict time limits for obtaining an annulment. These deadlines vary from state to state, so it is a good idea to check your state's laws before pursuing an annulment.
A divorce is often a faster procedure than an annulment, as there are fewer concerns about the division of property and other issues to worry about. But an annulment can be more difficult to receive if the grounds are not clear or if you have children.
Annulments have higher standards than divorces, so they can take longer to settle. They also can cost more, as they require higher fees and court costs.
Typically, the dividing of property and finances is done in a manner that is equitable to both parties. This can include property acquired during the marriage as well as assets the parties purchased together.
Both an annulment and a divorce can affect child custody and support. An annulment can make it more challenging to determine paternity for children born during the marriage, but both parents are still responsible for their care and financial support.
The main difference between a divorce and an annulment is that the former ends a legally valid marriage while the latter is a contest of validity that treats the marriage as if it never happened. This can be a complicated and confusing process, so it is best to seek legal advice from an experienced divorce attorney before you start any legal proceedings.
Law Office of Richard Roman Shum, Esq., PLLC
20 Clinton St #5d, New York, NY 10002, United States
(646) 259-3416