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Uncontested Divorce a by Weheartit

What’s the Difference Between an Uncontested and Contested Divorce?

When most people think of divorce, they think of conflict. After all, that is the image of divorce that we see time and time again. According to pop culture, it seems like the only way to call it quits is to engage in an expensive, lengthy, and stressful fight in which nobody really wins.

According to the CDC, America’s divorce rate has declined (in general) by 27.5% between 2000 and 2018, but it’s still a common enough experience, especially if you are a woman of a certain age. So, shouldn’t we find a better way to break up?

There are lots of great ways to skip the epic court battle in favor of a more peaceful approach. No matter the method, they all come down to one important key term: uncontested divorce.

What is a Contested Divorce?

Before we get into the details of uncontested divorce, let’s learn a little bit about contested divorce. This is the model of divorce which the uncontested ethic seeks to avoid.

Before your divorce is finalized, you and your Ex will need to figure out what to do about issues like property division, alimony, child support, and child custody. Sometimes couples begin the divorce process with a spirit of compromise, but often divorcing couples face major disagreements.

A contested divorce is when a divorcing couple is unable to reach a mutual agreement and therefore relies on a judge or arbitrator to develop divorce terms that are fair in the eyes of the law.

In general, contested divorce should be a last resort. It tends to be a more expensive, lengthier, and more stressful process than developing your own settlement agreement.

However, if your relationship with your Ex remains extremely adversarial despite your best efforts, then contested divorce is the best and only way to dissolve your marriage and begin the next phase of your life, a phase that may be more exciting than you can possibly imagine right now.

What is an Uncontested Divorce?

When a divorcing couple manages to reach their own settlement agreement, either by themselves or with the support of legal counsel or a divorce coach, they avoid needing a judge to make the important decisions. We call this an uncontested divorce. This means your and your spouse (or team) successfully negotiate divorce terms like child custody, child and spousal support, and the division of shared debts and assets.

There are a lot of reasons why an uncontested divorce is often the better option. For starters, it’s usually a lot less stressful than ending up in court.

It also tends to be faster than contested divorce, because you aren’t at the mercy of an overloaded court system. Because less time means fewer billable hours, uncontested divorces are also usually a lot less expensive than their contested counterparts.

Finally, when you opt for an uncontested divorce, you and your soon-to-be Ex retain a lot more control. The two of you have the final say in the terms of your divorce, and nothing can happen without both of you signing off on it. This can be especially important for parents, because it can be really hard to accept a stranger making decisions about your child.

This probably sounds really appealing, but is it really this easy?

As it turns out, you don’t actually have to like your Ex in order to cooperate with them.

How Uncontested Divorce Works

Uncontested divorce doesn’t mean that you and your spouse have to agree on everything right off the bat. Initially, the two of you only have to agree that you both want to make uncontested divorce work. Once that’s established, you’ll work together to choose the best method for your family.

Some lucky couples have pretty good communication to begin with, they just don’t want to stay married. These folks might be good candidates for DIY divorce. This means they fill out paperwork, draft their settlement agreement, and submit to their local court for the final approval.

If you and your spouse know what terms you want but are a bit intimidated by the process, we don’t blame you! If this sounds like you, then you might be better off ending your marriage through an online divorce platform.

These services handle the paperwork for you at an affordable flat rate. Some more comprehensive divorce packages will even manage your divorce case from start to finish. This means you won’t have to give it another thought after you finish answering their questionnaire.

Uncontested Divorce Support

You can also work with a mediator if you’d like. Mediators usually have a background in either law, psychology or finance, and they are trained to help you and your spouse negotiate more effectively. They cost more than an online divorce platform, but usually much less than a full-on court case.

Finally, you may rely on traditional divorce attorneys who have proven themselves as good negotiators. Hiring an attorney does not mean you are necessarily going to court. What is means is that you are relying on this traditional model to change the status of your marriage. Using a divorce attorney to advocate for you may wise if you have children, assets, or considerable debt.

Regardless of what model you decide upon as you seek your uncontested divorce, at SAS for Women, we recommend that every woman secure a private legal consultation with a divorce attorney (not a mediator, nor a collaborative divorce attorney first) to hear what your rights are and what you are entitled to BEFORE you and your spouse start splitting things up.

Is Uncontested Divorce Right for You?

For some divorcing couples, uncontested divorce is a no-brainer. They can agree on divorce terms immediately, they get along well enough, and they’re ready to take on this new project with gusto or determination.

For others, uncontested divorce is a goal to work towards, but they’re not sure if they’ll be able to manage it. Well, I’m here to tell you that when both parties have the right attitude, this goal is utterly attainable.

When it comes down to it, the key to a successful uncontested divorce is not sweating the small stuff. You shouldn’t let yourselves get riled up over every last piece of silverware, or you won’t maintain the calm necessary to stay out of court.

Instead, focus on the big things like your home, car(s), and, most importantly, your kids. If you can sort out these complex issues, the rest will fall into place.


If you are thinking about or beginning the divorce process, consider Annie’s Group, our virtual group coaching program for women looking for support, structure, and a safe community.


It can also be really helpful to take a deep breath and remind each other why you want to keep your divorce uncontested whenever you feel tensions starting to rise. It benefits everyone involved when you take a more peaceful approach to divorce.

When in doubt, re-focus on what matters.

If you and your Ex are parents, it might even help to keep a physical copy of your child’s photo on the negotiating table. It’s nice to constantly have that implicit reminder of why you’re doing this. The more time and money you spend on your divorce, the less you have left over for your kid.

Breaking up is almost always a difficult prospect. When you said “I do,” you expected it to last forever, and it can be really hard to give up on that dream. It can be hard managing a household alone, or sleeping by yourself, or not seeing your spouse across the dinner table.

However, just because breaking up is hard doesn’t mean that the divorce process has to be. If you’ve been searching for a way to approach your divorce with a greater degree of mutual respect, consider this the sign you’ve been waiting for.

 

Notes

Moriel Berger is a Los Angeles native with a background in writing and marketing, primarily in the startup world. She is a J.D. Candidate at Loyola Law School and holds B.A. in Liberal Arts from Sarah Lawrence College. After watching her parents go through a prolonged and painful divorce when she was in her early twenties, Moriel became inspired to learn about more positive alternatives, which eventually led her to join the team at It’s Over Easy.

SAS women are those amazing ladies you meet who are entirely committed to rebuilding their lives on their own, healthiest terms. If you are recreating after divorce or separation, you are invited to experience SAS for Women firsthand. Schedule your FREE 15-minute consultation. Whether you work further with us or not, we’ll help you understand your next, black-and-white steps for walking into your brave unknown — with compassion, integrity and excitement.
Divorce Judgement

What is a Divorce Judgement?

There are many legal documents you may face during the course of the divorce process. These may include those certified or sworn by the parties and the judge’s orders. This article will explain what a Divorce Judgement is as well as what other legal documents you may encounter.

Keep in mind that a Divorce Judgement can also be called a Divorce Decree, a Judgement of Divorce, or a Final Judgement of Divorce. This language depends upon the state in which you file your divorce proceeding. This information about Divorce Judgements is from the office of a busy Philadelphia divorce attorney.

How Does a Divorce Unfold in Court?

How a divorce judgement unfolds legally will depend upon whether you have a contested or uncontested divorce. This is the determining factor of whether or not you go to court. An uncontested divorce is when you and your spouse agree to:

Note: An uncontested divorce can also occur when one party files for divorce and the other party fails to file an Answer or officially acknowledge receipt of the papers.

Uncontested Divorce

Even in an uncontested divorce, it is not common for couples to agree on a solution to every single issue that must be resolved as part of the divorce. This is the work of the divorce attorneys. Their job is to negotiate on behalf of their clients until both parties agree upon terms. If the parties refuse to come to terms, the court may get involved in disputed matters. Regardless, you can expect that an uncontested divorce will finalize much more quickly than a contested divorce. 


To understand more about an uncontested and contested divorce, read How Much Will My Divorce Cost Me, Financially & Emotionally?”


The timeline of the divorce process will vary according to the procedure in each state. However, a couple filing an uncontested divorce can expect to divorce in as little as four or five weeks or as long as a year. This timeline depends upon the family court docket backlog–or how busy they are at your local courthouse

Contested Divorce

A contested divorce is another matter entirely. The term “contested divorce” refers to a divorce proceeding in which the couple adamantly disagrees about any or all of the following: 

  • Whether to get divorced
  • Who was at fault (in an at-fault state)
  • The terms of the property settlement agreement in general
  • What assets are considered community property (in a community property state)
  • The terms of the parenting time arrangement
  • Whether child support should be paid
  • The terms of the child custody arrangement
  • The amount of child support that should be paid
  • Whether spousal support should be paid
  • The amount of spousal support should be paid

The length of time it takes to resolve all of the issues in a contested divorce will vary greatly from case to case. If the parties enter into mediation or arbitration, that may help speed up the process. If the parties cannot agree and must make their arguments to the family law judge and let him or her decide for them, those hearings will proceed as quickly (or as slowly) as the court’s docket allows.

Typically, family law courts are busy. It is not unheard of for a contested divorce to take at least a year to conclude, and in some cases, to drag on for years.

So, a tip to the consumer: when you are asking questions and interviewing lawyers, and feel very strongly about a particular issue, make sure you ask the lawyer how winnable that issue will be for you and what the ballpark cost might be if you have to go to court to win it.

What Legal Documents Arise During a Divorce Proceeding?

The Plaintiff (and his or her attorneys) create the following legal documents:

  • Complaint (or Petition) for Divorce
  • Case Information Statement
  • Certification of Service of Process on Defendant/Respondent

Note: Some states refer to the Plaintiff as the Petitioner.

While you may be the one filing for divorce, it’s possible that you are instead on the receiving end of a divorce filing from your spouse. Don’t panic! Instead, educate yourself about what to do if you are served divorce papers.

These are considered legal documents, and those filing must certify or swear that the information contained within them is true and correct to the best of their knowledge.

What Happens After I File Divorce Papers?

Upon receipt of the filing, the family law judge will then issue a Joint Preliminary Injunction (JPI) preventing either party from selling or giving away marital assets, including the joint bank account. 

Assuming that you are the one filing for divorce, your spouse (the Defendant, or Respondent) will have a certain amount of time to file his or her Answer to the divorce papers (Divorce Judgement). Again, your spouse must certify or swear that the information in their Answer is true and correct.

After receiving the divorce papers, if your spouse agrees with your filing or otherwise fails to file an Answer within the allotted time, the Plaintiff receives a Judgement by Default and a Final Judgement of Divorce. This will include a Child Support Order if needed, a Spousal Support Order if needed, and a Property Settlement Agreement providing for the distribution of the marital assets.

If your spouse disputes your divorce claim or requests different agreement details, he or she must also file a Case Information Statement. This statement discloses their financial situation and must also accompany a Certification of Service of Process.

In a contested divorce where your spouse expressed issues with custody, support, or distribution of marital assets, the court will then issue orders while you negotiate. Once both parties resolve all issues, the court will memorialize them in the Final Judgement of Divorce.

Are There Legal Documents That Come After the Divorce Judgement?

Yes. Additional court orders may occur if disputes continue. Such orders include:

  • A modified Child Support Order
  • Modified Spousal Support Order
  • Modified Child Custody Agreement

If either party is not complying with the agreed terms, the judge might also issue an order for Contempt of Court or an Order to Pay Attorney’s Fees and Costs. Additionally, if a party fails to appear in court, the family law judge may even issue a Warrant for Arrest.

Lastly, if there are allegations of spousal or child abuse or harassment, the family law judge may issue a Temporary Restraining Order or a Final Restraining Order.

In conclusion, a divorce judgement finalizes your divorce but is not the only important legal document stemming from your divorce process. Your divorce judgement also may not be the last legal document governing you and your Ex. If there are disputes over child custody agreement, properties, or support amounts, more documents may follow. Also, if the financial circumstances of either spouse changes, this may affect the divorce agreement.  Lastly, if there are allegations of abuse or harassment, there may be additional court orders following the Final Judgement of Divorce.

 

Notes:

Veronica Baxter is a blogger and legal assistant living and working in the great city of Philadelphia, USA. She frequently works with Lee Schwartz, a noted Philadelphia divorce lawyer.

Since 2012, SAS for Women has helped women face the unexpected challenges of considering divorce and navigating the divorce experience. SAS offers six FREE months of email coaching, action plans, checklists, and support strategies for you and your future. Join our tribe and stay connected.

How much will my divorce cost me?

How Much Will My Divorce Cost Me, Financially & Emotionally?

Losing your marriage is difficult enough. But add to it, your fears about the financial and emotional price tags, and you may feel paralyzed. You might try to simplify and ask a clear question, How much will my divorce cost me?  — a logical and pragmatic question to ask.  And then you hear that its answer isn’t so straightforward either.

It’s of little help to hear, “It all depends” when you’re searching for absolutes in the middle of chaos. But the cost of divorce really does depend… on a lot of things.

When it comes to the cost of the divorce itself, the biggest determining factor is what you and your ex-to-be can accomplish on your own.

If the two of you can agree on how you want your divorce to look, you can save both time and money on legal fees. 

That may sound like a tall order when “not agreeing on anything” is part of how you got here. But it’s not impossible, especially if you both value what the effort could save you in dollars and sanity.

An uncontested divorce is less complicated, less expensive, and less time-consuming than a contested divorce. Even if you use lawyers for a small part of your case—a process called limited scope representation—the savings can be substantial.

All states have a fee for filing divorce papers. If you write and file your own, your fee could be as little as $70 and as high as $500. Some states will even waive the fee for filers with low income.

If you choose to go the DIY route, the person who files will have to serve the other spouse with divorce papers. If a private process server is used, that could add another $50.

One catch to an uncontested divorce is that it’s non-appealable. Given that the two of you came to your agreement on your own, this shouldn’t be a problem. 

So far, not so bad.

The more complex answer to “How much will my divorce cost me?” depends on the experts and the amount of time involved. And this is where a contested divorce can become quite costly.

If you and your ex-to-be can’t agree on one or more areas of your divorce arrangement, your divorce will be contested. 

And, if you can’t settle out of court, your divorce will have to go to trial. Your divorce terms will then be at the mercy of a judge. 

That means that, after all the money spent on legal fees, you still may not get what you want. The judge will decide what gets prioritized and how.

The average divorce takes 4 to 11 months. If a divorce has to go to trial, however, it could take over a year.

This is where forethought and unemotional planning can save you a lot of money and mental anguish. 

Time is money, and attorneys and courts round up, not down. 

The national average cost of divorce is about $15,000 per person. That includes legal fees, court costs, and the cost of hiring outside experts. (Even if you do a collaborative divorce, for example, you will have to build a team of experts. You will have your attorney, of course. But you will also have specialists like a financial advisor, a child custody expert, and maybe a therapist.)

How much will my divorce cost me when it’s all said and done? Well, that will depend, in part, on the following factors:

  • Is the divorce contested or uncontested? 

Even an uncontested divorce will cost, on average, $1,000 and up to $5,000 in attorney’s fees.

  • Does your attorney charge a retainer fee or by the hour? 

A retainer fee will include most of your legal and filing fees. It will also cover the cost of meeting and communicating with your lawyer and your lawyer showing up at court on your behalf. 

If your attorney charges by the hour, you’re looking at an average hourly rate of $150-250 in some areas of the country, and more in other regions. That rate can skyrocket depending on where you live and the complexity of your divorce. So make sure you ask the attorney you interview about their retainer and hourly fee. (Visit here for more smart questions to ask a lawyer during an initial interview.)

It’s important to remember that the legal profession rounds up when it charges by the hour. That 5-minute quickie phone call will be billed as at least 15 minutes. And 35 minutes of document review could be a full billable hour. 

So, regardless of whether your divorce is contested or uncontested, lawyers don’t give sympathy-vote coupons. 

Being organized and concise and having a well-thought-out and reviewed plan is essential to not throwing money away.

  • Where do you live? 

You will pay a lot more to get a divorce in California, for example, than you will in most other states. (But that’s true for everything in California. Why should divorce be any different?)

Be sure to educate yourself about the average costs of divorce by state.

  • Do you have children?

Custody can be complicated. If you and your spouse are contentious over this subject, the court may require an evaluation from a custody evaluator. That could add another $1,000-2,500, assuming you don’t hire a private evaluator.

Child support will also have to be decided on, and that will depend on incomes and visitation or custody arrangements.

  • Will there be alimony? 

Every state has its own guidelines regarding alimony. Texas, for example, has strict criteria for alimony eligibility. 

When you start asking, “How much will my divorce cost me?” you’re most likely thinking in terms of money and pragmatics. 

You may be searching for ways to pay for a divorce, and that could affect your decision to file if the divorce is your initiative.

You may be getting a grim picture of what divorce does to a woman in terms of finances and lifestyle. And that could make you fearful of stepping out on your own.

But there is another cost to divorce that often gets overlooked or pushed to the background during the tediousness of the divorce itself—and that’s the emotional cost.


For more on the economics and emotions that may come with your journey, read our What Does a Gray Divorce Mean for You?”


Both men and women will go through the grief process as it relates to the loss of their marriage. But there are some emotional aspects that tend to be unique to women.

First of all, women file for divorce more often than men. If you count among that group, you have had a head start on your husband. And that difference has an impact.

Even if you have been miserable for years, nursing the idea of divorce over time gives you an emotional advantage.

By the time you inform your ex-to-be of your intentions, your brain has already made adjustments. It has silently grappled with past and pending losses, and you have maybe started to envision the future.

This doesn’t mean the consequences of your divorce will be easy. It simply means that there is a difference in emotional adjustment between the person who “knew” and the person who didn’t.

Working Through “Surprise” Divorce

If, on the other hand, you were on the “surprise” end of the divorce and don’t want it, your experience will be very different. 

The shock can open the floodgates to a wave of emotions—devastation, anger, fear, panic. You may even cling to your marriage or make promises and concessions that don’t honor yourself. 

While men are quicker to remarry after divorce, women are more likely to build and rely on a strong support network. They are also more likely to suffer financially and for a longer period of time.

Women also often struggle with their identity post-divorce. 

If they are mothers, they are now single mothers, and they’re likely living on limited income. 

They may have to start working outside the home and leaving their children in daycare. Feelings of guilt and sadness are only natural.

And now that their identity as wives has been annihilated, they have to reevaluate who they are in the context of love and relationships. 

On a positive note, the beauty that often emerges from this cocoon is a clear, confident, unshakeable love of self.

Women have a remarkable ability to reinvent themselves, even in the face of limited resources. And their willingness to reach out for help and support helps them create a sphere of influence with far-reaching benefits.

Perhaps, when the question “How much will my divorce cost me?” becomes paralyzing, you can benefit from a shift in perspective.

Ask yourself what your marriage is costing you and what your loss of life-force will be if you remain stuck.

The examination may lead you to a realization that there is still work left to do on your marriage.

It may also lead you to the realization that your work there is finished.

Notes

SAS women are those amazing ladies you meet who are entirely committed to navigating divorce — on their own terms. If you are considering or dealing with divorce, you are invited to experience SAS for Women firsthand and schedule your FREE 15-minute consultation. Whether you work further with us or not, we’ll help you understand your next, black-and-white steps for walking into your brave unknown — with compassion and integrity.

*We support same-sex marriages. For the sake of simplicity in this article, however, we refer to your spouse as your “husband” or a “he.”

How to file for divorce during uncertain times

How to File for Divorce During Uncertainty

Divorce is an obstacle course of flaming hoops, even under the simplest and most amicable conditions. But knowing how to file for divorce when you’re still uncertain is its own form of uncertainty.

There’s so much to figure out. Do you stay and work it out when you’re unhappy and unmotivated? Should you start planning for divorce but stay quiet about it? Do you tell your spouse you want a divorce before doing anything?

Or do you take matters into your own hands and start proceedings?

And what about all the chaos and uncertainty created by the coronavirus pandemic?

Sheltering in place can certainly foster much needed family and relationship time. But it can also confirm stirring doubts if a marriage is unhappy or unhealthy.

Even if you know that divorce is the way you have to go, the circumstances of this once-in-a-lifetime pandemic fuel their own doubts.

And where do you even start? Divorce is complicated enough without having limited access to necessary resources and agencies.

There’s something about certainty that provides clarity. It’s as if the path ahead clears itself in anticipation of your next move. You’ve decided. You’re focused. You’re driven.

But permanent, life-changing decisions like divorce are rarely so clear-cut.

You may be overthinking whether to leave your husband. Perhaps you’re terrified of the loss of financial security, social approval, and custody of your children. Maybe you’re stuck remembering the good times, unsure of how to move on.

You may be determined to go through with a divorce, but the current circumstances brought on by COVID raise new questions and concerns.

For example, many courts and legal services were closed in the early months of the pandemic. Even those that have reopened may be playing catch-up for a long time. Then there’s the uncertainty of whether the courts and legal services will remain open as the number of COVID cases begin rising again. You will have to think about how that could affect the timing of your divorce and your access to needed services.

Additionally, you or your spouse may have lost your source of income. Your investments may have taken a big hit, especially if you have had to rely on them for survival. Any changes in employment and finances during this time could make your settlement more difficult to negotiate.

Even the pragmatic issue of physical separation could prove problematic. Most realtors and landlords have resorted to virtual property tours to avoid in-person contact, potentially making a home search more difficult.

How could your kids be affected by a divorce or physical move at this time?

If you have children, you know that schooling has become more complicated, even from school to school. Some have returned to in-person attendance, some are virtual, and some are a blend of the two.

There are countless reasons to feel overwhelmed with uncertainty at a time like this. And that overwhelming feeling can make it difficult to focus on learning how to file for divorce if and when you decide to do so.

The less confusion and fear you have about the process itself, the more clarity and security you will have about your decision.

Just as importantly, that clarity will keep you from making mistakes that could cost you heartache and money now and down the road.

As tempting as it is to be easily triggered and reactive, wisdom would advise you to convert that energy into making a plan.

Educate yourself on the various stages of divorce and what it takes to dot your i’s and cross your t’s. And know the consequences if you overlook something.

It’s important to know upfront that every state has different laws. From residency requirements within your county and state to waiting periods, every state has its own divorce process.

Here is an overview of the divorce process, regardless of what state you’re in. This can serve as an outline for guiding your questions and helping you get educated and prepared.

  1. Prepare a divorce petition. 

One spouse has to file for divorce, which starts with a divorce petition.

Every state provides couples the option of filing a no-fault divorce, which can make an uncontested divorce much simpler (and less expensive).

  1. File the divorce petition.

The petition for termination of marriage must be filed with the correct court within your district.

  1. Ask for temporary orders if necessary. 

Perhaps the required waiting period isn’t possible for you. You may need a court order to secure child custody, child support, and spousal support.

Other temporary orders include status quo orders, temporary property restraining orders, and restraining orders.

Depending on your situation, you should become educated on all of these orders and their possible necessity in your divorce.

  1. Serve your spouse with the appropriate documentation. 

There are laws governing the serving of divorce papers and reporting it to the court. There can also be consequences for not following the required procedures and deadlines.

  1. The recipient files a response. 

The recipient response, whether agreement or contest, must also be filed within a certain amount of time.

  1. Negotiate a settlement. 

Obviously, your divorce will go much more smoothly if you and your spouse can negotiate your own terms. Division of assets, child custody, and support, alimony (if applicable)—the list is long and should be thought out in detail.

Even if you and your spouse are able to be agreeable, you would still be wise to seek professional guidance for this stage.

  1. The hearing. 

Depending on your and your spouse’s ability to work agreeably, you could have either an uncontested hearing or a trial.

  1. The final judgment. 

Just what it sounds like, this final step is the first step to your new life. It’s also the point at which you will want to feel secure that you have done everything right leading up to it.

If all of this sounds daunting, know that your feelings are only natural. You’re considering the end of a marriage and a change in life for your entire family.

But now is the time to channel that consternation into preparedness. You’re seeking clarity so you know your options and can best prepare for and protect your future.

Learning how to file for divorce when there is so much uncertainty will be easier if you surround yourself with experts knowledgeable about the process.

Clarity comes from knowledge. And there are plenty of resources with the knowledge you will need to navigate this life-changing process.

You may not have a clue how to get started, but you can build a trustworthy team to guide you.

A divorce coach, for example, can serve as the hub of your wheel, directing you through both pragmatic and emotional decisions.

A financial expert can help make sense of your marital finances and lay the groundwork for an equitable settlement and a plan for your future.

And a good family law attorney that specializes in divorce will provide sound legal guidance and walk you through the legal process.

Here are some tips for how to file for divorce when you’re feeling uncertain.

  • Grab a journal.

Give it a hope-filled title if that will inspire you to make it your constant companion. The important thing is that you get used to documenting… everything.

You don’t have to be on the verge of the War of the Roses to justify documenting everything that is or could be relevant to a divorce.

This journal is your private, dedicated space for logging questions to ask a divorce attorney, answers, research, resources, events, conversations, and concerns.

When you have this vital information safely written where you can easily access it, you can let go of some anxiety. You will also be prepared for discussions with lawyers and other consultants.

  • Get organized.

Now is the time to start collecting and organizing copies of all information that could affect your settlement and therefore your future.

This is also one of the first vital steps if you’re asking, What should I do to leave my husband? 

In the context of fear and uncertainty, organization is incredibly clarifying and empowering.

Buy an accordion folder and organize all your documents. Make copies of any documents that pertain to both of you.

If you have been in the dark regarding your marital finances, be sure to get access to all relevant information. Investments, accounts, retirement (401(k), IRA), life insurance, social security, past taxes, children’s records (medical, education), mortgage and home expenses, etc.—it all matters.

  • Consider hiring a divorce coach.  

According to the American Bar Association, “Divorce coaching is a flexible, goal-oriented process designed to support, motivate, and guide people going through a divorce to help them make the best possible decisions for their future, based on their particular interests, needs, and concerns.”

The more upheaval and uncertainty you feel as you look to the possibility of divorce, the more essential a divorce coach becomes.

An experienced divorce coach will be able to advise you as to whether a traditional, pro se, mediated, or collaborative divorce is best for you. And she can also help with aspects of the process that an attorney can’t or won’t.

From pre-divorce to post-divorce, a divorce coach can be your link to sanity and hope. Some coaches offer not only private coaching, but educational, divorce support groups, which can lessen the expense of working with a coach and give you a much-needed community so you feel less weird, less alone.

  • Talk to an accountant or financial advisor.

Find someone who can do a thorough analysis of your financial situation and help you prepare for the future.

Women commonly enter into a life of lowered income post-divorce, so they need prudent guidance in forecasting their situation and future needs.

The longer you have been married and the more complex your marital finances, the more important it is to have expertise on your side.

  • Find the right lawyer. 

Whether or not you want to do your divorce on your own, at least consult with a family law attorney. Have your questions and concerns listed in your journal and bring your portfolio of documents.


If you are wondering what else you can do BEFORE you file, read our “36 Things to Do If You are Thinking About Divorce”


Being organized and prepared will not only help with legal expenses but will help you to hear the answers more effectively.

  • Update your resume and start researching employment. 

Whether you have been actively employed or have been out of the workforce raising kids, this is the time to look ahead.

Update your resume, polish up your relevant skills, and do some research on the job market, even if you currently work.

If you have lost work during the pandemic, you may find that your options are limited. Or you may be forced to change the way you work.

Working from home, for example, may not be as simple as it sounds if you’re starting divorce proceedings.

Entering the job market during the cultural uncertainty of COVID could be challenging. It’s therefore important that you have a firm grasp on your gifts and skills and are prepared to be creative in their use.

You may not have had to worry about things like health insurance and retirement funds in the past. But now you could be on your own without those safety nets.

  • Get your credit in good shape. 

Know where your credit stands. Get a copy of your credit report and review it before sharing concerns with your accountant.

You may have credit issues tied to your spouse. And you may have debts accrued by your spouse but reflecting on you.

It’s imperative that you know where you stand and how to protect your credit going forward. You will need good credit to secure essentials like housing and credit cards in your name.

Now is the time to work on rebuilding credit in your name, even if you simply start with a secured credit card.

  • Don’t jeopardize the outcome.

Simply put, mind your p’s and q’s. Don’t do anything that could give your spouse ammunition to use against you in your divorce.

Don’t start dating. Avoid making large or unnecessary purchases. Don’t start pitting your kids against their father. And don’t unilaterally change your parenting practices.

Knowing how to file for divorce during uncertainty starts with a focus on achieving clarity.

Just because you research the divorce process and prepare yourself for the possibility doesn’t mean you’ve signed off on a divorce.

It simply means you will step confidently and wisely into your future if you do decide to end your marriage.

 

Since 2012, SAS for Women has been entirely dedicated to the unexpected challenges women face while considering a divorce and navigating the divorce experience and its confusion afterward. SAS offers six FREE months of email coaching, action plans, checklists, and support strategies for you and your future. Join our tribe and stay connected.

*We support same-sex marriages. For the sake of simplicity in this article, however, we refer to your spouse as your “husband” or “he.”

 

Contemplating divorce and coronavirus

Divorce in the Time of Coronavirus: 30 Ways to Be Prepared and Stay Committed to You

There is a lot of uncertainty right now due to the coronavirus. Things seem to be changing by the hour. But here are 30+ ways women considering or affected by divorce can use extended time at home to take care of themselves — and their families. When the coronavirus (COVID-19) is at last behind us, and as humanity heals, adapts and grows, we want women everywhere to remain on track and committed to their healthiest selves.

If you’ve been thinking about divorce, dealing with it, or recovering from it, anxiety and fear are nothing new to you. But now with COVID-19, anxiety and fear are a different punch altogether, causing our mechanism for survival to shift gears. For some, the response will trigger a desire to lean away from divorce and all that they’ve been contemplating. Now is no time to do it, some women will tell themselves. The kids are suddenly home and need tending to. Both parents might also be home, in fact, and working overtime to compensate for the drastic disruptions and time out of the workplace. Private time and space are compromised, if they exist at all. We are in survival mode or burying a crisis inside a crisis. For others, this increased time “trapped” inside our homes with a spouse we’re already at odds with may push us to a breaking point, as suggested in China with the recent spike in divorce rates being linked to the coronavirus.

Understand the temperature in your house.

This post is about centering you and to remind you that wherever you are — in your marriage, divorce, or life-after-divorce — your circumstances are real, they are valid, and they will not simply disappear because the coronavirus is here.

In fact, your circumstances may grow more agitated unless you are mindful of taking steps to acknowledge your emotions and your commitment to how you want to be as you go through this health crisis. Below are important must-knows and suggestions for coping depending on where you are in your journey of dealing with the idea, or the fact of divorce and the coronavirus. Included as well are special mentions to mothers.

Must-knows when dealing with divorce and coronavirus

When stress and anxiety are in the air—when our families, health, and jobs are on the line—things will get ramped up.

For women, especially, it’s important to know that during such circumstances, mental health issues surge and domestic violence goes up. Your safety may become a real concern.

If you are a survivor of abuse and currently forced to live with your abuser in this extended time at home, read this page now for safety suggestions.

If you experience or are a survivor of abuse or would like to talk to someone to understand what abuse is, we urge you to call the National Domestic Violence Hotline at 1-800-799-7233 or TTY 1-800-787-3224.

For all of us, expect things to get stressful. Understand what you are doing and teaching your family about social distancing and what to do if you become sick or are suddenly caring for someone who is sick. To keep yourself together, make plans for how you will handle your stress. We believe the following will help you. Keep reading …

Thinking about divorce

  1. When you can, make a plan on how you will learn more about your rights and what you are entitled to, and what an independent life might look like—whether you divorce or not. You may not be able to schedule a legal or divorce coach consultation right away, for lack of privacy, but you can research on the internet whom you might speak to once you are free to make calls and hear feedback. If possible as well, you might prepare for these meetings by getting financial documents together or your questions organized.
  2. Set up a secret email address dedicated to this subject, and keep this subject segregated to that email address only. If you are a woman, join our tribe and receive our free, weekly coaching letter that will keep you, discretely, honoring yourself for the next six months.
  3. For now, the internet remains intact, and we are grateful for that! But be careful about turning to your computer to answer your life questions. In this new phase of social isolation, it will be easy to fall down the Google Rabbit Hole and overanalyze the news and, in particular, options for your life—legally, financially, and every which way. Turning to Google to research your divorce options risks making you more anxious because you will never obtain the direct answers or exact numbers you so critically need to make informed decisions. You require specific feedback on your direct circumstances and issues.
  4. Which is why having direct, private consultations are so important to your future. But you may not be able to pull it off just yet. Be kind to yourself—reading this post alone is helping you manage your expectations of what is and is not possible right now. Take baby steps if you can, but be flexible.
  5. Some women derive great comfort from an ongoing connection with other women during times of stress. Whom are you turning to? In Annie’s Group—for women thinking about divorce, and for women who are beginning the divorce or separation process—the virtual live coaching program is consistently running, providing a safe, structured outlet for participants to get educated on their genuine life choices. Women feel personally supported through the Sister Partnerships and through the private, virtual consultations and coaching they receive. They are also reassured that no one is on camera and if they are unable to attend all classes, that each class is recorded.

For mothers contemplating or dealing with divorce

  1. Staying committed to you means making sure your children are as stabilized as possible during these uncertain times. This is not taking you off track. It’s reminding you of what’s important—the healthiest environment for everybody.
  2. When we’re dealing with divorce, there’s a lot of gray area when it comes to decision-making, which is why it’s important to …

    Stay focused on your goals. You will rarely go wrong if you think about what you want for your children. Really think about it. Realize as well that your children are dependent on you for securing the healthiest environment possible—in times of stress and uncertainty due to external forces, like coronavirus and schools closing, and the ongoing temperature of what they are experiencing in your house, unique to your marriage and family dynamic.

  3. The CDC has good information on preparing you, your children and your house. Share this with your spouse or coparent and talk about plans of actions for your shared house or your house and his*.
  4. Don’t take any unnecessary risks right now. You and your children may not be showing any signs of the virus, but you could still be carriers. Think about your elderly neighbors or your older family members. Stay safe and keep them safe.

Dealing with divorce

  1. If you are still living under the same roof with your spouse, these “uncertain times” are reinforcing more of what you know, and chances are, the reasons you are getting divorced. So, caution. It was always going to be hard living together during these negotiations, but now with seeing each other all the time (if practicing social distancing and working from home), it could be the recipe for toxic overload.
  2. Consider broaching the subject now with your spouse. You might share that you realize this is hard for both of you, living together and trying to figure out how you are going to part, but that you are committed to trying to stay as healthy as possible.And part of staying as healthy as possible is staying home and out of contact with others and not triggering each other.

  3. What boundaries can you put in place to honor each other’s needs or requests during these times? Can you put it in writing so it’s more thoughtful and psychologically binding? Perhaps neither one of you can do it for the other, but if you have children, express your commitment to trying to keep the atmosphere as healthy as possible for them.
  4. And if it’s just you and him, accept that you have no control over his actions but how you act could encourage him. Knowing the risks in advance will help you get centered and anchored for yourself. Find outlets away from him to vent. (See below.)

Legal and financial considerations…

  1. If you are working with a lawyer or mediator or talking with a financial person, email/call them to learn how your legal process may be affected by what is going on. You might use phone or video conferencing to keep your negotiation process moving.
  2. If you become sick in advance of your court date, you could contact your lawyer or spouse to ask for a continuance. If he agrees, you can submit a form requesting that the court change the hearing date. If your spouse is not amenable, contact the court’s clerk and share that you are sick. Ask next steps.
  3. If you or your spouse become ill and you are due to go to court, contact your doctor first and then your lawyer or the court clerk. You should not appear in court if you are sick. Often local courts have their own specific instructions. So, call the court’s family law clerk to learn what you must do. This is to say nothing about the distinct possibility that very soon the courts near you may be closed for a spell anyhow.

Coparenting through coronavirus

  1. Coparenting is often challenging in the best of times, let alone now. But more than ever, communication is key. One of the best ways to deal with the parent of your children is to “stick to the facts” style of communication. Lose the technicolor or salty language and try to present your information in a black and white, neutral way.

  2. Begin by sharing the CDC website for your state, and print out the latest recommendations to discuss with your coparent.
  3. Or you could contact your pediatrician and ask for their suggestions right now and share those with your coparent.
  4. Talk with your coparent, with each of you agreeing to share if someone you know has been exposed to COVID-19 and to keep your child away from that person.
  5. Teach your child good hygiene and proper hand-washing techniques. Teach them not to touch their face and to practice hand washing wherever they are—at school, at their other parent’s house, at your home.
  6. Teach them as well about the importance of protecting others. Again, think about how you would feel if an elderly person near you became ill.
  7. Consult the CDC website for up to date information and with your coparent, try to develop a longer-range family plan that is activated if your community faces a severe outbreak For example, if your child resides between two homes, decide where the child will primarily reside if the health crisis is growing in your community and people must stay indoors.

Rebuilding after divorce

  1. This can be a particularly tough time for a lot of us as we look around and see that we are now truly alone. As the dust keeps settling, it can be sobering to realize where we are in our life journey, starting again or feeling like it’s all ending. But make no mistake, this leveling is also a beginning—the beginning of building ourselves anew, coronavirus notwithstanding. It is the beginning of aligning ourselves with the people we want in our life and, especially, the people we want to be.
  2. More than ever, it’s important to find community—this means other like-minded souls who have reinvented or are actively seeking to grow. Take this opportunity to download Zoom for free so you can connect with old friends and family and video chat live. With Zoom, you can see each other! (Even when dealing with divorce and coronavirus.)
  3. Or download Zoom to join Paloma’s Group, our live, ongoing virtual coaching class for women recreating after divorce. Together, we build a bond of sisterly support and accountability as we take steps to rebuild our most meaningful lives.
  4. Learning who we want to be in this new phase of our lives and rebuilding after divorce and coronavirus is going to require some internal work. Social isolation could be your invitation to connect with your internal self and work on the real things that are still unresolved—the grief for the losses or the loneliness or the anger or the fears. Consider connecting with a divorce coach or therapist for telephone support and guidance. And if you’ve been working on those emotions, brava! Then you’ve been learning that this work leads to discoveries about yourself. This learning feeds more discovery, and so keep forging …

Even more things you could be doing as you spend time inside

  1. Educate yourself or reacquaint yourself with reading a good book. We’ve got suggestions for you here.
  2. If you are looking to go back to work, read this wonderful list of things you could be doing right now from experts who understand how hard it is for women of a certain age to get a job.
  3. Journal. Write down what you are experiencing right now in this moment in time and how different it is from one year ago? What have you learned?
  4. Step outside … your needs and story. Be hypervigilant about not spreading germs, but determine the best way for checking-in and supporting your elderly neighbors and aging family members. (If you are alone, you get it, and boy, will this give you perspective and gratitude.)
  5. Look for specific, regular ways to decompress and recharge so you are of service to yourself and others. Check out these free virtual meditation apps for connecting to positive, inspiring energy.
  6. If you are up for it, consider creating a dating profile on a few apps, but don’t meet people right now—you have the perfect excuse to take it slow. You must practice social-distancing, but you would love to consider meeting in the future. In the interim, let’s talk!
  7. Or take coronavirus as a sign from the universe, you are definitely not supposed to be dating right now!
  8. Be a messenger of hope and light. As you deal with life post divorce and coronavirus, you are a poster child for having already faced tough times and surviving. Remind others who may not be so brave that so far, 80 percent of the coronavirus cases are mild and most infected people are cured. There are 13 times more cured cases than deaths and that proportion is increasing.
  9. Go outside when and if you can. Sunlight is not only the enemy of germs; it is incredibly healing, builds our immune systems, and helps shift our emotions. Emotions are motion. As such, they ebb and flow. Help your emotions, like fear and anxiety, move, and as they move, check-in with them. What are they trying to tell you? When you listen to them, what other emotions do they make room for?

Above all, stay committed to you

Women are hardwired to be caregivers. In challenging times, we know that women are often the ones who take care of sick loved-ones, keep a family running, figure out child-care issues, and everything in between. It is often women taking the leadership roles in their households and communities to understand what is coming and to prepare for it. We also know it’s times like these when women throw themselves under the bus and forget themselves. We are encouraging you to stay committed to you as you lead others through.

Let’s be kind to others and ourselves. Stay connected to your source of strength and positivity. Stay connected to other powerful women!

And talk to us! In the comments below, tell us what you are doing to practice self-care and cope with divorce and coronavirus during these challenging times. We thank you on behalf of so many. Your ideas inspire and support other women who are finding that now more than ever, their hours are especially tough and isolating. We are all in this together.

 

Since 2012, SAS for Women is entirely dedicated to the unexpected challenges women face while considering a divorce and navigating the divorce experience and its confusing afterward. We invite you to schedule your free consultation with SAS. You’ll share privately what’s going on and we’ll give you black & white feedback, resources, and next steps for moving forward in the healthiest, smartest way.

*This piece was written for SAS for Women, an all-women website. At SAS we respect same-sex marriages, however, for the sake of simplicity in this article we refer to your spouse as a male.

how to make divorce cheaper

How to Make Divorce Cheaper

You’ve gone through a lot. Now you just want to get ending your marriage over with.

And while a divorce is the only way to move forward sometimes it’s also the problem, especially when it comes to the cost.

The estimated cost of getting divorced in the United States is $10,000 to $20,000. Yes, that’s a lot. But here’s the good news: if managed properly, the overall cost can be much less. How, exactly, does one make divorce cheaper, might you ask?

While every divorce situation is different, there are some things you can do to lessen the cost.

Remember that it isn’t going to be easy

Since your spouse will no longer be there to help you financially, expect a significant reduction in your income. It’s not easy, especially if you have children to send to school and bills to pay. Don’t expect that you will be able to maintain your present lifestyle. Money will be tight, that’s for sure. There will be times when personal loans, such as emergency cash for single moms, is the only way to keep up with your financial responsibilities. But you shouldn’t feel discouraged. The key is to plan ahead. Think about ways to augment your income and try to keep your expenses down.


You may want to read 7 Ways to Pay for a Divorce.


Work through it together

It may sound counterintuitive because you are divorcing your husband*, but trying to be reasonable with him is actually the path to an inexpensive, quick, and easy divorce. In this setup, both of you will have your own attorney. You may choose to work with a divorce financial specialist and, especially, a divorce coach too. This latter investment may look expensive at first, but in the long run, a divorce coach will actually save you money by helping you understand what you can and cannot be doing so you avoid a drawn-out, exhausting divorce that ends up going to court.

The experts will work together to advise and help you and your husband achieve an amicable settlement. Be ready to compromise on several issues, particularly those concerning property division and child custody.

There’s nothing more draining than embarking on an all-out-war with your husband. If you trust him, be willing to share needed information with him. Be willing to negotiate. It’s not always about getting all you can get. Sometimes, you may have to settle for less to avoid most costs.

Assess your current financial situation

The more work your attorney has to do, the more expensive the divorce process gets. Get organized and make sure you have all the information on hand, from your list of assets to your bank information, investment funds, pension plans, etc. Make copies of all relevant documents for yourself and your attorney. This will go a long way as you attempt to make divorce cheaper.

Choose your battles

Remember this—every conflict in the divorce proceeding will cost you. Figure out what’s most important to you. Financial security? Family home? Custody? Deciding on this matter early on should help you concentrate your attention and expenses to things that are more important. This should also help your lawyer deal with your case and make the process easier.

Take it online

Instead of going to your attorney’s office right away, you can start the process online. But first, check if your state allows e-filing for divorce petitions. It’s easy, quick, and convenient. You can download the forms from your court’s website and fill them out before heading to an attorney. Alternately, you can get an online divorce paper preparation service, which will cost you no more than $400.

Online filing is really best to make divorce cheaper, especially for those who do not have a lot of assets or debt and no children. It is also easier when your divorce is uncontested. Meaning, you and your spouse agree to the terms stated in the paper. Ensure that all the divorce details are in the documents you have prepared such as your social security numbers, marriage date and location, addresses, names of your children, and the properties you are dividing. If you have a more complex situation, it is much better to work with an attorney.

Get rid of joint accounts

When all is done and over, the last thing you want to happen is to pay for your Ex’s loan because he defaulted. Before getting divorced, get rid of joint accounts you have with your spouse. If you can’t get rid of such accounts, check if you can have them under one name only.

Focus on the future

A divorce is an event that affects the rest of your life. You must look at every financial issue from the perspective of how it will affect you, especially your children, in say five to ten years. This should help you make smarter financial decisions. Do what’s best for your kids. After all, at the end of the day, they are the ones who will suffer or benefit from the outcome of your decisions.

Divorce itself is a difficult and expensive process. So why make it worse? There are things you can do to make divorce cheaper, easier, and quicker so you can get on with the healing that is critical to your divorce recovery. You and your spouse have to cooperate and agree on many things. Think about what’s most important to you. This way, you can make better decisions that can save you money in the long run.

Since 2012, smart women around the world have chosen SAS for Women to support them through the emotional, financial, and oft times complicated experience of divorce. SAS offers women 6 FREE months of email coaching, action plans, checklists and support strategies for you, your family, and your future.

“When a woman comes through divorce with the proper guidance and her questions answered, her life stands before her like something she could never imagine while she was is in the dark.” ~ SAS for Women

Lidia Staron is a part of Content and Marketing team at opencashadvance.com. She contributes insightful articles about the role of finance in the strategic-planning and decision-making process.

divorce process

The Divorce Process: What You Must Know as a Woman

We work with smart women, and because you’re here, we know you’re one of us. During the divorce process, we also know that sometimes, smart women believe they can outthink their pain, outlogic it. If their pain were a landmark on a map, a deep river splitting the ground in two, they’d lose whole days planning a route around it. But with divorce, the river is never ending, and the only way to get around it is to jump in and swim through.

If you’ve gone through a particularly bad breakup before, it’s easy to underestimate just how difficult the divorce process can be. It’s not just the emotional upheaval it brings to your life—for you may “get over” being married quickly. You may even move on to other romantic partners or physically reside in different homes, but none of this changes the fact that your union, your relationship, is legally recognized, something that may differ from relationships in your past. Your marriage isn’t truly over until the courts say it is.

These two sides to the divorce process, the emotional and the legal, require different things of you.

You’re on a journey, but this journey may sometimes feel like it’s pulling you in different directions, asking you at times to bury your emotions and focus on the practical and then demanding that you confront your demons so you can exorcise them.

Knowing when, where, and how to handle the myriad pieces of this divorce process is half the battle. Below is the easy-to-digest breakdown of the divorce process. As you read about and, even, journey through, keep in mind you don’t have to have all the answers—only some of them. Divorce professionals, the right kind of friends, constructive support groups, and family can help you get through the rest.

Decide what you really want

And that word really is important. We’re not talking about figuring out what you used to want. Or what you kind of want. Or even what you think other people want you to want.

We’re asking what you really want. Getting that honest with yourself can be absolutely terrifying because acting on whatever your truth is might mean tearing your world apart and putting it back together.

If you want a career that your husband doesn’t support, then for you each to be happy, you may have to leave him. If you want a lifestyle your husband doesn’t buy into, then you might have to leave him. If you want a marriage built on open communication but, instead, your husband would rather close parts of himself off and keep secrets, then you might have to leave him. If you want to be happy and your husband thinks “happiness” is a different thing than you, then you might have to leave him. No matter what problems you are having in your marriage, everything hinges on that question of what you might have to do and the fear that’s keeping you from doing it.

Sometimes deciding what you really want means making it a point to get in touch with friends or family members who know you best, who will be honest with you and who, in turn, you can open up to. Other times it means getting still and quiet, digging down into the depths of yourself and taking a look at what you find there.

Of course, there will be pain as you “go there.” But chances are there’s already been a lot of pain, which is what brings you to reading this page.

Get the support you need before you act

We recommend a woman get fully informed on her choices in life before she makes any big decisions, including telling her husband she wants a divorce. And that the best first stop for that, strategically and economically, is with a seasoned divorce coach—a “thinking partner” who can you help you understand both your emotional and legal journey, what your choices truly are, and what good decision-making looks like.

A coach will bring down your stress levels by helping you understand what questions you must answer first and which ones can wait, or what type of divorce (traditional, mediated, collaborative, or DIY) is right for you. And if you’re not sure about getting a divorce—if you’re just wondering what “normal” even means in a marriage—a coach can help you with that too. (That’s right, meeting with a divorce coach does not mean you are necessarily divorcing.) A coach will also be able to make good referrals, like the best lawyer for your circumstances or the name of a well-respected mediator to interview.

Depending on the circumstances of your marriage, you may have the impulse to punish your husband throughout the divorce process in any way you can. Maybe I’ll blindside him, you’ll think to yourself. I’d love to see the look on his face when he’s served with papers. But doing this starts the divorce process off with nothing but charged emotions, ill will, and resentment—and that’s a bad recipe for both your own recovery and any relationship you and your Ex might have in the future. To say nothing about what it could do to the kids. A divorce coach will help you understand what to do with your anger or sense of betrayal, so you don’t lead from a reactive emotional place that often leads to worse, spiraling lawyer costs and wasted energies.

Consult with a divorce lawyer

A divorce lawyer isn’t just going to file paperwork for you and represent you in court—a good one will also help you set expectations so that you understand going into the divorce process what you’ll be facing. Divorce laws vary state by state, and every case operates on its own timeline. If your soon-to-be Ex isn’t being cooperative or there are circumstances, like abuse, that make protecting both yourself and your children especially crucial, then your attorney can help you by taking steps with the court, like an order of protection or, at the very least, ordering your husband to move out of the marital home.

Prepare as much as you can before filing

Prepare, and then prepare some more. The more knowledge you have throughout the divorce process, the more in control you will feel. But don’t just stop there. Get copies of family photographs or other mementos that you’re sentimental about. Set up your own bank accounts and credit cards if you don’t already have them, and change the passwords to your accounts so that your husband no longer has access to them.

Gather important documents, like birth certificates, mortgage statements, and insurance policies, and make sure you understand your financial situation. If you’re working with a divorce coach, she can put you in touch with a certified divorce financial analyst who can help you understand the big picture, like if you can afford to keep the house. After divorce, it’s not likely that you’ll be able to maintain the lifestyle you led as a married woman, and the more that you prepare for this new future, the better off you’ll be.

Be kind to yourself

There’s the end of your marriage, and then there’s the end of your marriage. By that, we mean, there’s the moment you truly realize your marriage is over. You’re not in love anymore, or maybe something has happened—a betrayal, for instance—that you can’t come back from. And then there’s the moment you actually do something about the end of your marriage—you talk with a divorce coach, consult with an attorney, you negotiate the terms of your divorce, and you file the paperwork.

Everything we’ve covered so far deals largely with the practical, legal, and financial aspects of divorce, but mixed up in there are a whole lot of emotions. Even if you feel a sense of relief now that your marriage is ending, you’re feeling so many other things it’s almost impossible to pinpoint your exact mood from one moment to the next.

Are you happy? Maybe. Are you miserable? Always, except when I’m not. Are you lonely? Even in a crowd. Are you angry? Oh, yes, there’s a lot of that to go around. Are you keeping it together? I have to.

Much of the divorce process is riding out these highs and lows until the road evens out again, the journey becomes smoother, or maybe you just become better for all of it.

Get ready for life after divorce

Your divorce is final when you receive your signed divorce decree, or judgment of divorce, from the court. After that you can change your name, if you want to, and take further steps to separate yourself as much as possible from your Ex financially, such as removing them from insurance policies or your will.

But if you have children, then coparenting them can be another obstacle you must learn to overcome—hopefully together, with your Ex.

Even with DIY divorces or mediation, the divorce process can be long, and the ending of a marriage can feel a lot like grieving. But what, exactly, you are actually grieving feels uncertain. Your relationship with your husband? Your sense of family? Your ability to trust others? The image you projected as the perfect couple, the couple your friends liked? Or what your marriage could have been?

After divorce, all of it seems to have gotten so far away from you, and perspective takes time. Be patient with and kind to yourself. We recommend practicing self-care throughout this journey (and really, always) and taking steps to find your support network if you don’t already have one.

Since 2012, smart women around the world have chosen SAS for Women to partner them through the emotional, financial, and oft times complicated experience of divorce and divorce recovery. Experience SAS firsthand. Schedule your FREE, 15-minute consultation to hear perspective, next steps and the best resources that will honor your life and who you are meant to be.

*At SAS we respect same-sex marriages, however, for the sake of simplicity in this article we refer to your spouse as a male.

How to divorce a missing spouse

How to Divorce a Missing Spouse

Marriage doesn’t always work out.

Feelings fade away, interests don’t align, and couples drift apart from each other. Sometimes both you and your husband* want nothing more than to be miles apart—you’re no longer bothering to “keep tabs” on each other anymore! But marriage isn’t something you can really walk away from and forget about. There’s a legal weight to the words “I do” and “till death do us part.”

Even if you get married on a whim in Vegas, with Elvis presiding over your marriage, that contract is as real as it gets. And here lies the rub: if you fall in love with someone else and want to get married again, you need to get a divorce first.

But what if you and your husband drifted so far apart from each other, you don’t actually know where he is? Because, yes, marriage might not always work out, but surely your divorce won’t either when step number one is figuring out exactly how to divorce a missing spouse. Luckily, that’s not the case. Women who find themselves in this position have options.

Missing in action

If your not-so-significant other is M.I.A and you’ve lost track of where he’s living, do not fret. There are a few more legal steps you need to take, but you can still get a divorce. Your husband’s absence doesn’t mean you have to stay married to him forever.

That would be just plain unfair, but the good news is that each state has laws about how to divorce a missing spouse. A central part of this process is taking out an ad and publishing a notice of the divorce in the local newspaper. Before starting the publication process, however, there are a few steps you need to take as required by the state you’re in. Let’s take a look.

Leave no stone unturned

The first order of business is to conduct an exhaustive search for your missing husband. Most states require a “diligent effort” search, so if you’ve heard the term “due diligence” before, it applies in this situation. What this all means is that you have taken all the necessary steps in trying to locate your husband.

Here are some of the steps in the due diligence search process:

  • You must ask the sheriff to try and serve your husband at his last known address (in some states).
  • Use the internet, email, social media and other networking sites to try and track down your husband. Besides, you can try search people online tools to find out new registered information about your spouse.
  • Get in touch with the DMV for his latest registration information.
  • Check with the post office and voter registration.
  • Contact your husband’s known family to find birth parents, friends, and office mates, as well as previous employers.
  • Try calling his last known phone number.

If you don’t want to do all this (no time, emotional distress), don’t worry. You can always hire an attorney or private investigator to act on your behalf. Hiring a professional is actually a great idea because they can conduct a more thorough search than you can.

Get court approval to publish

After conducting a due diligence search and exhausting all possible ways to find your missing husband, it’s time to go to court. Take the results of your search, present it to the court, and ask for permission to serve your husband by publication. Depending on what state you’re in, the process usually involves filing a motion with the court together with an affidavit.

An affidavit is a sworn statement detailing your efforts to search for your husband. The judge will review your testimony once you file your papers with the court. If the judge approves your due diligence, they will issue an order for publication.

It’s publishing time

After getting your order for publication, read the instructions carefully. The rules for “service by publication” vary for each state. For instance, in New York, the newspaper must serve the last known address of your husband. Most states require that you run the notice once a week for three straight weeks in the county where you filed the divorce.

Most jurisdictions give you 30 days to publish your notice after receiving your order, and some require you to post a note at the courthouse. Look for the newspaper’s legal notice department and show them your order and a copy of all divorce documents. The legal staff will help you craft an appropriate notice based on the judge’s instructions.

The divorce process

The newspaper will give you an affidavit that confirms they published your notice. You must notify the court that you’ve run the announcement and file the affidavit immediately. Note that there will be a waiting period of up to 30 days before you can go ahead with your divorce. This gives your husband time to respond and provide notice to the court.

If your husband doesn’t respond after the required waiting period, you can ask the court to give you a divorce by default. Some states cannot rule monetary issues such as child support or property division when you get a divorce via a missing spouse. If that’s the case for you, you’ll get a divorce, but some problems will likely remain unresolved.

Figuring out how to divorce a missing spouse seems daunting at first, but like most things, it can be tackled one step at a time. The route to getting divorce may be a little longer than usual, yes, but you’ll soon be sipping margaritas on the beach with some girlfriends or your new love once all the legalities are over and done with.

Ben Hartwig is a Digital Overlord at InfoTracer who takes a wide view on the whole system. He authors guides on entire security posture, both physical and cyber. He enjoys sharing best practices and does it the right way!

Whether you are considering a divorce or already navigating the confusing experience, one thing we see making a significant difference for women is the conscious choice to not do divorce alone. Since 2012, smart women around the world have chosen SAS for Women to support them through the emotional, financial, and oft times complicated experience of divorce.

SAS offers women 6 FREE months of email coaching, action plans, checklists and support strategies for you, your family, and your future. “A successful divorce requires smart steps, taken one at a time.” – SAS for Women 

*At SAS for Women, we respect same-sex marriages, however, for the sake of simplicity in this article we refer to your spouse as a male.

The reality of divorce in New York

The Reality of Divorce in New York

People know New York for its glitz, glamour, and grit. Everything’s loud, over-caffeinated and fast-paced. For some who experience the loneliness of all this, there can be the feeling of being left out, of never being enough, of someone else always lining up to replace you. But despite all of this, or in response, New Yorkers are equally known for being tough and seemingly invulnerable. Even when it comes to romance. Romance, New York style is often over the top or of the quirky variety, the kind of love that sweeps you off your feet. Think Carrie and Mr. Big. Harry and Sally. Jane Fonda and Robert Redford in Barefoot in the Park. It’s the kind of romance they write love songs about. Until it’s not. But divorce in New York? Well, in most of our minds, breakups are equally cinematic. Flash to messy scenes from the Real Housewives of New York, or nuggets of gossip passed privately through whispers, then splashed across Page Six for anyone to see.

Yet, for all those clichés, in reality, divorce in New York State is far more mundane than any image you carry in your mind. In fact, according to the Center for Disease Control, the divorce rate in New York in 2011 was 2.9 for every 1,000 residents. That’s a lower rate than most states in the country!

Of course, when the divorce is happening to us it doesn’t have to be the literal end of the world to feel like it’s the end of ours. Your divorce might come as a complete shock, or it may seem like a long time coming. Either way, it can all feel surreal, like you’re having an out of body experience. How you wish it were just a movie! Yet, this is your life. You are getting a divorce. And throughout your divorce, the surprises may keep coming, bringing out the worst and the best of you.

You may not be feeling so much like Sarah Jessica Parker as Carrie Bradshaw in Sex and the City—young and colorful and ready to take on the world—as you are Sarah Jessica Parker in HBO’s Divorce, a little jaded and angry, feeling dull around the edges but looking for reasons to hope.

If that’s you, if you’re done considering divorce or have had divorce forced upon you, then here’s a primer highlighting what to expect when getting a divorce in New York.

Divorce law in New York

In New York, there are two kinds of divorces, a contested divorce and an uncontested divorce.

In an uncontested divorce, the most trouble-free approach, you and your husband agree about the need for a divorce and you believe you will come to terms on how your property gets divided and how your children are cared for. On your own or with the help of lawyers or a mediator, you and your husband come to an agreement on everything and do not need the court to get involved to divide assets or make decisions about spousal or child support or custody.

Typically, an uncontested divorce moves more quickly through the system. It’s less complicated and less expensive. You will likely never set foot inside a courtroom with an uncontested divorce.

In a contested divorce, you and your husband are not in agreement about any or all of these things. (Hello, your marriage?) If there are disagreements, and often there are, you will likely need the help of a legal professional(s) to resolve them. The more intense the disagreements, the more expensive the process can become and the greater risk you run of having to go to court to have a judge decide.

Many couples will begin the process of a contested divorce and then, before trial, reach an agreement. This is a settlement.

Thanks to the Internet, though, it’s become increasingly popular to consider a Pro Se or DIY divorce and thereby eliminate the costs of lawyers. Couples who do this successfully are couples who are almost always in agreement. (Hmmm.) They are doing an uncontested divorce.

Ask yourself:

  • Are you and your husband really in agreement about everything?
  • What are the critical issues?
  • Do you understand the finances?
  • Do you understand spousal support?
  • What about child support?
  • What are your options for custody arrangements?
  • How are you going to handle your debt? Whose debt is whose?

Our experience is that most women do not know these things, nor do their husbands—but the idea of saving money on legal fees (or being bullied into the DIY process) blinds them from finding out what they are each entitled to by law. There’s a phrase, “You don’t know what you don’t know,” and it couldn’t be more aptly used for this scenario.

How can you split things up if you don’t understand what you’re splitting — like the finances (are you aware of their long-term tax implications?) Or what negotiated variable is going to benefit you more in the long run? You need feedback from someone who’s an expert on your situation.

In short, we recommend you NOT consider a DIY or online approach unless you have no children, there is no debt and little or no assets, and the marriage has not been for very long. And if you do pursue a DIY model, we encourage you to consult with an attorney privately at least once (but preferably throughout your completing the paperwork).

Divorce facts in New York

New York also allows you to get either an at-fault divorce (you must prove your husband is responsible for the need to divorce) or a no-fault divorce.

For most people, it’s easier to seek a no-fault divorce. You don’t have to prove anything other than the relationship is irretrievably broken. “To qualify” in New York, the relationship must be broken for at least six months. Also, New York usually requires that you or your spouse have lived in New York State for at least one year before you can file for divorce.

New York is often associated with all things progressive and liberal, but it was actually the last state in the country to allow no-fault divorce. That means that until 2010, getting a divorce in New York almost always meant that one spouse had to prove the other spouse did something wrong and is to blame. What’s more cinematic than a jilted lover or “cold-heartedly” calculating your actions to create a case where you are the wronged party? It’s a recipe for disaster, for heightening emotions and irrational behavior—for people to lash out and for proceedings to get ugly and expensive and to heighten the risk of going to court.

This said, you can still get an at-fault divorce in New York. To do so, a spouse must have the “legal grounds,” which usually involves adultery, cruel or inhuman treatment, or abandonment. Most divorce lawyers in New York will advise you not to go the at-fault route no matter the dramatic details you may throw their way. It is generally considered a poor use of resources to have a trial on grounds now since the system no longer requires it.

With this in mind, you will want to make sure you understand why your lawyer is pushing for an at-fault divorce, such as “cruel and inhuman treatment,” and how it will benefit your situation as opposed to pursuing a no-fault divorce. We had a client, for example, whose husband had serious mental health issues and refused to seek treatment. Her lawyer filed an at-fault divorce for “cruel and inhuman treatment” as a strategy to protect the children and to impact the custody arrangement, so the children were not left alone with him until he was fully recovered, healthy and functioning.

New York is an equitable distribution state

In New York, assets (the things you own) get divided through “equitable distribution,” meaning, in general, everything you owned prior to getting married is your separate property and everything acquired after your marriage gets divided as fairly as possible.

The separation of property—how you will divide it up—is negotiated between you and your husband, or more likely, by your lawyers after they have consulted with each of you, or with the help of a mediator. But it has to be done well and fairly enough that the court will sign off on the agreement.

These are just a few of the facts that come into play when discussing divorce in New York. There is more you’ll want to know before you proceed further. But we don’t want to contribute to sensory overload.

What matters most is that you are not going to do it all at once, but you will want to be in a position to learn and come to understand what your options are before you make decisions about your property, the debt, child support, custody, spousal support, legal fees, insurance, and more. You might need an order of protection if abuse is a concern, which complicates matters even further.

This is why, whether you pursue a DIY approach, or go to mediation, or use a collaborative attorney, we urge you to get educated on what your choices are first.

Read Divorce in New York: 10 Things to Know Before Seeing a Lawyer

Divorce court

You must know that about five percent of all divorce cases go to full-blown trial. Less than five percent. So turn the television off. The standard way people divorce is still the traditional one, of your hiring an attorney to represent your interests and your husband hiring an attorney to represent his. Your lawyer meets with you individually, as does your husband’s, and then the lawyers negotiate the settlement through phone calls or meetings.

Divorce negotiations are different from negotiations in most other legal matters in that clients usually attend the meetings—known as “four-ways”, with their lawyers. If one side fails to negotiate or settle, then the risk of going to court does increase, and both parties must attend every court appearance with their lawyers. This traditional approach is still the best way for the less-moneyed or less-powerful spouse (the one who lacks money or knowledge about the finances) to get a fair share.

Diversify your insight into how you will divorce

On the plus side of living in New York is that the city and the state can often be frontrunners of change. Just by virtue of your living within New York’s boundaries, there are far more resources available to you than people living in other parts of the country. Take advantage of those resources, like law schools that offer free legal aid, or referral services offered by the New York Legal Bar Association.

You don’t have to rely on visiting a lawyer and learning things the expensive way as most people have done in the past. There are now people like us, the divorce coach, who can help you learn about divorce (and yourself) before you commit to anything. A certified and experienced divorce coach can also connect you to vetted lawyers and other experts — like a certified divorce financial analyst (who can help you answer the money questions). How you choose to divorce matters for your children and your own recovery.

How long does a divorce take in New York?

Okay, we know, you are maxing out. You want to hear how long this is going to take. If we are talking only about the legal aspect to the divorce and not your recovery and healing, than the time it takes to finalize a divorce depends on two things: how motivated you and your spouse are to organize your papers and documents and to push your attorneys to negotiate the agreement and how busy the court that receives and officializes your settlement agreement is.

For some people, it can take as little as six weeks, for others, six months or more for an uncontested divorce. With a contested divorce, there is no way of forecasting it, but certainly, a deciding factor would be when the money runs out.

What’s certain is that divorce anywhere is a (long) process, and while that wait can be frustrating, it also means you won’t be able to jump into anything without thinking it through first (and that might just be a blessing in disguise).

Divorce support groups for women in New York

There are over eight million people living in New York City and more than twice that in New York State. You are not the only one “feeling lost in New York,” or like everything’s falling apart even as you try to put it back together. We say this a lot but only because it’s true: You are not alone. If your couple friends have disappeared and disappointed you, you are lucky to live in a city and state where there are many divorced women and men—and the stigma of divorce is not as pronounced as it may be somewhere else.

Your job is to connect with those people who understand what you are going through and get educated on what your choices are and who you want to be as you make these important decisions. You might consider joining an online education-driven support group with other women who share similar experiences and who seek to find their voice and change their circumstances for the better. Women just like you.

Remember, divorce in New York rarely looks the same as it does on TV, where the drama’s amped to increase ratings and to get you coming back. This is a process none of us wants to experience even once, let alone come back to. Your divorce doesn’t have to be so dramatic. You can choose to let go the theatrics because they don’t serve you, your Ex, or your children, and to focus on what you do control: getting educated fully before you commit to any one path or decision, and to move through the process smartly and with the greatest sense of integrity and compassion for everybody — including you. 

For more steps to help you with divorce join us for your free 45-minute consultation.

Since 2012 smart women around the world have chosen SAS for Women to help them through the emotional and often times complicated experience of divorce. For emotional support and structured guidance now, consider Annie’s Group, our virtual divorce support and coaching class for women thinking about divorce or beginning the process. Schedule your 15-minute chat to learn if this education is right for you, where you are in your life, and most importantly, where you want to go.

 

This article was authored for SAS for Women by Melanie Figueroa, a writer and content editor who loves discussing women’s issues and creativity. Melanie helps authors and small businesses improve their writing and solve their editorial needs.

*We support same-sex marriages. For the sake of simplicity in this article, however, we refer to your spouse as your “husband” or a “he.”