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Divorce Laws in Illinois

What to Know About Divorce Laws in Illinois

Divorce is difficult. There are legal processes to deal with and emotional issues to overcome. And while, divorce laws differ from state to state, with some states having longer, more difficult processes, if you live in Illinois, getting a divorce is not as challenging as in many other states. For this reason, it’s important to acquaint yourself with the divorce laws in Illinois. 

Although divorcing in Illinois is not difficult, few people know how to go about it. Here is some information that can help.

Eligibility requirements for divorce in Illinois

According to Illinois divorce laws, couples can only divorce if one of the spouses has been a resident of the state for at least 90 days.  

Where a child custody agreement is necessary, the children must have been residents of Illinois for at least six months. 

Couples must also legally separate for at least six months to commence divorce proceedings in Illinois.

Uncontested divorces are quicker to finalize than contested ones because, with the latter, the couples disagree on issues that they must streamline before they can divorce. 

Some grounds for divorce that the state of Illinois recognizes are:

  • Willful desertion
  • Irreconcilable differences
  • Conviction of a crime
  • Domestic violence
  • Venereal disease
  • Drug/alcohol addiction
  • Abandonment for one year or more
  • Attempted murder of one’s spouse
  • Unexplained absences
  • A prior marriage that was never dissolved

The legal divorce process

If you have grounds for divorce in Illinois, here is the simplest way to file for one and begin the legal process.

If you are the plaintiff, the first step is to ensure the Petition for Dissolution of Marriage is delivered to the defendant. Once the defendant receives the petition, he or she has 30 days to respond. 

Some supporting documents, such as a parenting plan (with children involved), can also be filed in addition to the petition. If the judge finds all the paperwork is in order, s/he will grant the spouses a Judgement of Dissolution of Marriage.

You and your spouse can also file for divorce together by filing a joint petition for simplified dissolution. You can file this petition when where there are no complications, and spouses are largely in agreement on how to go about the divorce. Factors that make a simplified dissolution of marriage possible include:

  • A marriage with no children
  • A marriage that has not been in existence for more than 8 years
  • Divorce without expected spousal support
  • Where the couple wants to get a divorce on no-fault grounds
  • A marriage where the couple involved have a written agreement on how to divide debt and any existing property in excess of $100 between themselves.

Divorce coaching and support

The above are just procedural facts. However, we know divorce is highly triggering and emotional responses can lead the charge. So if you are a woman, we urge you to consult and ask the right questions of a divorce attorney before you make any decisions about “how you will divorce” or before you agree to any terms with your spouse —yes, even if you want to do it amicably. You’ve probably never divorced before, and just rushing through the divorce process, agreeing to terms because you “want it to be over” is a very bad strategy.

As divorce coaches, we know the number one mistake women often make is that they do not do due diligence in securing their best outcomes. In other words, they don’t find out what the law entitles them to. Without talking to a divorce lawyer, you do not know what you don’t know and what you are giving up. This could have serious implications for your future. Divorce laws exist for good reasons —these laws are often designed to protect women and children. So find out for sure before proceeding.

Child custody requirements

Children are the most important part of our lives. We often worry about getting a divorce because we are thinking of their well being. In Illinois, a child is anyone under the age of 18. Illinois law defines a child as one who is under 19 years and still in high school.

Fortunately, the divorce laws in Illinois put children’s welfare first to ensure their happiness after the divorce. The court decides who gets custody of children in a divorce by considering the best interest of the child or children involved. 

The custodial parent has responsibility for taking care of the children while the other parent pays child support, which the court calculates according to their income. The couple can also agree on joint custody, in which case they need to enter into a Joint Parenting Agreement. 

In Illinois, child support is calculated as a percentage of one’s income after deductions such as FICA are removed from an individual’s income. The percentage increases according to the number of children involved.

Marital property during divorce

In Illinois, law categorizes property as “separate” during a divorce if earned before the marriage. On the other hand, marital property is what the couple acquired during the marriage.

Marital property belongs to both spouses, and the judge splits it up among the two in the divorce. However, any separate property belongs to the owner and does not get split in the divorce.

Couples should be careful with the separate property as it can turn into marital property. For example, if you receive money from a gift or inheritance and put it in a joint marital account, the court can categorize that as marital property. Therefore, be careful about how you handle your personal assets. If you inherit money, do not commingle it with your marital accounts.

Illinois divorce law and dividing assets

In Illinois, judges are responsible for dividing property in a divorce. The judge ensures a fair distribution of any property or assets among the spouses based on the following factors.

  • Health and age of the couple
  • How much each couple contributed to the marital property
  • Financial resources of each spouse
  • How long the marriage lasted
  • Employability of either party

Unfortunately, since judges look at the spouses’ earning capacity, it means the lower-earning party can get a bigger portion of the marital assets and property.

The good news is any misbehavior during the marriage, such as adultery, will not hamper the chances of a spouse getting what is justly theirs when the property is divided.


For more practical, legal, and emotional things to do to support yourself, read our 36 Things to Do If You are Thinking About Divorce


In Illinois, the law considers retirement property acquired by the spouses during their marriage to be marital property too.  You may worry about splitting such, and that is okay. The process is quite complicated, and it is best that you and your ex-spouse contact a financial advisor for help in understanding and making the process easy.

When it comes to inheritance, a surviving spouse cannot claim the ex-spouse’s property after their death, if their divorce is finalized. 

Spousal support and alimony

According to divorce laws in Illinois, when it comes to paying alimony, either of the spouses can get spousal support from the other after a divorce. 

However, the court will decide how much alimony the deserving spouse receives. It will also consider other factors, such as the emotional, physical, and mental condition of both parties. In many cases, the court sets alimony arrangements only for a specific duration as judges expect the deserving spouse to become self-supporting after some time. 

The spousal support can be permanent if the deserving spouse is unable to support themselves indefinitely; for example, if they have a debilitating injury that prevents them from working. Where a divorce is pending, courts can also allow spouses to get temporary alimony agreed upon by both parties.

Can you get a no-fault divorce in Illinois?

A no-fault divorce is where spouses get a divorce without putting fault on each other. They only have to give any reason that the state approves for a divorce to get it. 

For example, in Illinois, a no-fault divorce can be granted if the couple says their union is irretrievably broken. An irretrievably broken marriage is where a couple cannot get along in their marriage, and their relationship cannot be repaired. 

If you want to divorce your spouse, it’s best to maintain a cordial relationship so that you may be eligible for a no-fault divorce. However, sometimes it’s difficult as relations are quite broken by the time you seek a divorce. If you are undergoing a difficult process, seeking a divorce coach or mediator can make things easier.

Are there other options apart from a divorce?

According to divorce laws in Illinois, there are other alternatives to getting a divorce. For example, a couple can get their marriage annulled or legally separate. The process of divorcing in Illinois, although much easier than in many other states, can be challenging. It’s always a good idea to contact a divorce coach to better understand the process and what steps to take first or a divorce lawyer for helping you understand what your rights are and what you are entitled to.  

 

For women seeking structure, guidance, education, and support as they “contemplate” or begin the actual divorce/separation process, we invite you to consider Annie’s Group, our powerful, virtual, group coaching program for women only. Annie’s Group provides support, education, and a community of like-minded, resourceful women, so you feel less alone. Read more here

Founder of the quick online divorce service It's Over Easy, Laura Wasser

A Quick Online Divorce: Is It Right for You? Interview with Celeb Divorce Attorney Laura Wasser

Divorce is probably not one of your Pinterest boards, but given the hefty cost of dissolving a marriage, a DIY divorce is an option that could save you thousands of dollars, giving you a financial springboard into the next phase of your life instead of opening a drain under it. When you consider that the *median savings account for American households is about $11,700 and the average cost of an “attorney handled everything” divorce is about $11,300, it’s a simple comparison to make, but it’s also a complicated and emotionally fraught equation and, at first glance, a seemingly impossible choice.

It’s not impossible, but it is tricky. Online divorce options are not for everyone. They are best for people who get along with each other well enough to communicate throughout the process, keep it uncontested, and have a handle on what they want for themselves.

SAS interviewed divorce attorney Laura Wasser about why she is now offering quick, online divorce as an option for her clients.

Q: Who are the best candidates for an online divorce?

A: “The best candidates  are couples who can exchange information and reasonably negotiate on issues like child custody,  spousal and child support, and division of assets and debts,” said Wasser, who has handled high-profile divorce cases for Maria Shriver, the Kardashians, Ryan Reynolds, and Stevie Wonder.

With 20 years in the field of family law, Wasser established It’s Over Easy (IOE), a quick online divorce option that enables people to have some flexibility within the platform, offers customization state to state, provides referral resources and help with filling out the forms.

Q: Can one have a private consultation with an attorney and then use her advice to complete the application?

A: “We structured It’s Over Easy so that if  people need to take a break from the process,  consult with an attorney or mediator,  and come back to the site once they have gotten the information or the necessary arguments, they can do so,” said Wasser.

What to be careful of…

As with any DIY project, with a quick online divorce you will be learning by doing. Check-in with yourself. Are you genuinely up for the task or learning what you don’t know? There is research and leg work involved, not just about choosing the right online platform and what they offer, but about the legal requirements particular to your state, county, and household. One of the biggest mistakes people make in the online divorce arena is not doing enough research to make sure the right steps are taken, to make sure they’re taken correctly, and to navigate the to-do list well enough to negotiate a fair resolution that works, especially for them long-term.

When you are going through a divorce, you don’t know what you don’t now. Chances are you’ve never been here before. So be careful of not rushing through a document so that you are “done.”

You may not have treated your marriage like a merger and your household like a business, but preparing for a divorce is a good time to adopt that attitude. It doesn’t mean you have to play an aggressive game of hard ball, but it does mean you have to maneuver and make decisions based on numbers, logic, and a realistic approach to what you need to live, not on romantic ideals or emotions. And it means you need to look out for yourself—not yourselves as a “team.”

Q: What are the most important things to be aware of in the divorce process, and how do they relate to doing it online?

A: “Anything you can resolve on your own,” said Wasser, “is better than having it litigated.”

“We built this platform so individuals could use mediators or family law attorneys, or divorce coaches. But we also really wanted to make sure that there were referrals to such professionals. I have done the research and found that many of the other  online  divorce services simply provide forms  but no assistance in filling them out or resources or referrals that you can turn to if you hit a wall.”

Penalty of perjury and transparency

If you are not the marriage partner who has been the bread-winner or in charge of the bills, budget, and retirement planning, you need to be prepared for a steeper learning curve, and for the solid possibility that your (Ex) spouse may not want to be as transparent about what they’ve been doing with “the books” as they should be—even if you do get along. He* is probably savvier about things like where to file, and if he has assets to protect, he knows how to hang onto them.

So a big question to ask yourself is, are you getting all the financial information you need? And who is helping you evaluate your financial choices? If you’re not experienced with finances, you need someone you can trust (not your spouse) to help you evaluate what’s truly fair.

Of course, you can fill out the financial forms on any online platform, but you need to make sure you have fact-checked and been appropriately guided on what is best for you financially.

Q: How do you complete the financial information on the forms if you know nothing about the finances?

A: “In many  cases, the forms and disclosures you each complete will almost mirror each other because the family only has a certain amount in income or assets, which have to be accounted for on the more knowledgeable spouse’s forms, as well.  All are filled out under the penalty of perjury, which helps keep people honest,” said Wasser. “But it is fine to seek help from someone on the outside who can coach you through the negotiations.”

An expert third party with a well-versed eye on the significant financial and emotional cost of litigation can help you make sure that what you are agreeing to makes sense for you,  not only now, but 20 years from now.

Q: What do women in particular need to be careful of?

A: “Women, be wary of being taken advantage of,” said Wasser.  “It seems that, whether we’re the breadwinners or not, often women feel  it is our duty to be the caregivers. This extends  beyond  our children and sometimes to our prospective Exes. There is no reason to be bullied into a settlement to which you cannot  adhere.  Make sure that you put your emotions aside and handle this as a business transaction.”

Q: If you are dealing with high end clients, why start a quick online divorce option?

A:Creating It’s Over Easy, and providing online support and availability for people to work through the process on their own and save time,  money, and aggravation is extremely important for me,” said Wasser, “as I see the outdated ways of practicing family law negatively impacting our children. With the landscape of divorce changing comes new and outside-the-box thinking and ways for people to move onto their next chapters.”

 

Jennifer Bent is a freelance writer and former journalist living on the West Coast. Nicknamed Verbose at a young age, she loves word craft but has to keep a short leash on her fondness for the profane. Jennifer enjoys her cat’s input on her rough drafts (talk about snark) and the freedom of being her own partner.  Connect with Jennifer here.

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. Schedule your FREE 15-minute consultation with SAS. Tell us confidentially what’s going on, and regardless of your working further with us or not, we’ll give you black & white feedback, resources and suggestions for your next steps.

 

*(Statistics on average American savings accounts and the average cost of attorney-handled divorces were gleaned from CNBC.com and NOLO.com, respectively).

*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.”

Thinking about advice for women

Advice for Women Who Think They Can’t Afford a Divorce

Divorce is expensive. While there is, of course, an emotional toll, there is also a heavy financial toll for which many people are not prepared. Even under the best circumstance, divorce is difficult and costly. And while help is out there, when you’re looking for it, you want advice for women wearing your particular set of shoes.

As coronavirus (COVID-19) rages throughout the world, many women are quarantined with their spouses. Some of those women are starting to think about divorce. Although it’s too early to tell, divorce attorneys world-wide are reporting an increase in requests for consultations. If you are thinking about divorce during this uncertain time of health and economic crisis, you might be met with new challenges, such as pay cuts or even job loss. Courts in most jurisdictions are also closed for non-emergency matters.

During this time, how will you afford to pay for legal fees and interim expenses if your spouse cuts you off and you cannot submit an application to the court or even meet with your attorney?

What are your options for funding a divorce?

In a perfect world, both spouses have money set aside, though in reality people save for weddings, not divorces. While it would be wonderful if both spouses got along and could agree on how assets should be divided, this is, unfortunately, not always the case. It’s important for clients to know about options they have to fund their divorce. Here is some advice for women thinking about how they can afford to divorce.

Divorce funding

Divorce funding is one such option. For many couples, one spouse has easier access to their combined wealth. The moneyed spouse will often cut off access to funds by the non-moneyed spouse entirely, a court will freeze assets, or assets are not liquid. Divorce funding provides a cash advance of the client’s potential settlement for legal fees, expert costs, and living expenses. It “levels the playing field,” enabling litigants to afford their divorce expenses, while maintaining their standard of living. Repayments are not made until a settlement is reached and cases can be funded in as little as two weeks. Divorce funding provides access to this essential capital.

Clients may not have the liquidity to start divorce proceedings and simultaneously afford living expenses, such as mortgage payments, school tuition, and other personal costs during the proceedings. Sometimes the moneyed spouse will use these expenses as leverage, forcing clients to agree to an inequitable settlement.

Should you lack the funds to hire proper divorce assistance, divorce funding could be an option. Divorce funding gives qualified spouses’ lines of credit while they work toward a fair divorce settlement. It’s an increasingly popular product that can help divorcing spouses find hidden assets and ensure a more secure financial future for themselves and their children.

With the liquidity of divorce funding, no one is forced into a settlement less than they deserve. Divorce funding is a valuable tool not just for clients but also for experts. It has become an integral practice management tool for an increasingly large number of divorce lawyers in the United States.

Application to the court

As an alternative to saving, the moneyed spouse could be ordered by the court to pay both sides’ legal fees and expert costs, but even getting to motion practice can be expensive and time consuming. Not to mention, there are no guarantees the client will be awarded fees. Many judges also defer a decision on fees to the end of the case. As of now, the courts are closed, and when they are reopened, the backlog of cases will be significant and your application may not be heard for an extensive period of time.

Credit cards

Putting the cost of a divorce on a credit card is another option, but for many, the credit card limit would not meet the cost of the legal fees. You’d have to make payments during the divorce proceedings, too, which may not be possible for some clients. (And please know that low credit scores may prevent a spouse from being eligible for a credit card after the divorce.)

Home mortgage

Clients sometimes turn to a bank to refinance the marital home and help pay for their divorce. Litigants may pull equity from a house to pay for interim support and legal fees until a divorce is final. Home equity loans can take many months to be approved, and the loss of a home can threaten custody battles. On the other hand, lenders may not approve clients during a divorce, causing a variety of roadblocks. Sometimes couples going through a divorce don’t know where to turn.

Speak with a divorce professional to weigh out which option is best suited for your case. What worked for your friend may not be the choice for you. The financial aspect of divorce likely seems overwhelming. Whatever you choose, remember—do not throw good money after bad. Decide your nonnegotiables as well as those items you are willing to give up. Some of the best advice for women going through this journey is to allow yourself to look at this part of your divorce as a business transaction, so you can commit to your divorce recovery and move on to your next chapter in life.

To learn more about divorce funding and how it can help you, please visit newchaptercapital.com, call (212) 404-7807, or email Nicole at [email protected]

Nicole Noonan, Esq., CEO of New Chapter Capital Inc., specializes in divorce funding. She formerly served as President of Novitas US. She is a nationally recognized divorce expert and pioneer of divorce funding. Crowned the “Fairy Godmother of Divorce” by the New York Post and formerly President of National Divorce Capital, Nicole was also Director at BBL Churchill.

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. SAS offers advice for women through six FREE months of email coaching, action plans, checklists and support strategies for you, and your future. Join our tribe and stay connected.

Woman looking out window

Your Inner Voice and the 9 Warning Signs of Divorce

It’s funny because it’s true: If it were easy to hear our inner voice, there wouldn’t be so many of us reminding each other how to do it.

And when that voice is telling us that something is rotten in the state of our marriage, or simply that we just don’t fit inside it anymore and we really do need to grasp the nettle, upend our entire life, and end our relationship, we go looking for warning signs of divorce—anything that tells us that it’s truly necessary.

That’s okay. It’s smart and reasonable to investigate the warning signs of divorce when facing that all-encompassing life change. You wouldn’t build a house without a foundation; informing yourself of what the common signs of divorce are lays the stones of your foundation in place. It helps you feel logical and rational during a moment when you might feel anything but.

From the author Carolyn Myss’ advice to “follow your scariest guidance” to Joseph Campbell’s principle of “following your bliss,” it seems as though there are almost as many recommendations to listen to the quiet voice of our spirits as there are people in the world.

That’s because it bears repeating:

That gut instinct is difficult to hear. The voice of our true self, the bigger version of us, the divine, the call, our souls, a higher power, whatever you call it (and it seems that most of us have at least some sense that “it” is there, within and without), is not only quiet and hesitant at first, but we also tend to keep a lid on it because it scares us.

The noise of daily life can be so raucous and distracting—and of course, to a certain extent, we all like our distractions because they help keep us dog paddling in comfortably small circles and our egos too tickled, or tortured, to move. Like a corral, distractions and demands keep us penned up in predictability and apparent safety, surrounded by the familiar voices of our social norms, our families and our peers, muffling the inner voice until we can shrug it off as if we were just imagining it.

We’re not.

Heeding the inner voice

We can try to keep the inner voice quiet, try to cling to the illusion that it’s the illusion, just our imagination running wild. But we’re not imagining it. The voice of the less constrained self, the most authentic, unbound, bursting-out-of-the-corset part of us is there, whispering, urging, beckoning.

The difficulty isn’t so much in hearing it as heeding it.

But, when we do that and do it consistently—often summoning all of our courage and fighting back our worst self-doubting, self-limiting behaviors, beliefs and relationship patterns to do so—is when it gets loud and clear.

We have so much hope tied up in marriage, so much invested in it and long-term partnerships where property, finances, and children are part of the bond. When marriage is good, it is very, very good. But when it is bad…yep, it’s horrid. Now if it started off horrid, right out of the wedding reception gate, it might be easier to shake it off and move on. Let’s do a Horrid Hypothetical just for fun—something Gothically awful. Like, his other wife from a marriage he’s been hiding and lying to you about all along comes rolling up to the curb, right behind your streamer-bedecked ride to the airport as you surge forth, freshly avowed in your white princess dress while your wedding guests blow kisses and shower you with birdseed, and starts throwing red paint all over you for trying to take her man while a Jerry Springer camera crew films the whole thing.

If it went like that, divorce would be an obvious choice. You’d be out of the marriage faster than the dress, and your entire posse of family and friends would rally around you instantly; you’d have no qualms at all. No signs would be needed. But that’s not the way it goes, and we do need to confirm the warning signs of divorce. It’s more like the frog in the frying pan scenario. Toss a frog in a hot pan and it jumps right out, but put it in a cool pan and gradually increase the heat…

Some common warning signs of divorce

It’s usually not obvious. It’s the gradual going wrong that is more typical of marriages that need to end, and it’s the subtle signs, not the Gothically awful, that tell us it’s time to make that happen. Until the inner voice becomes loud and clear and we do as she says with a lot less hesitation, we should identify the signs of heat (and not the fun kind) rising:

  1. Communication breakdowns are pervasive, whether that is chronic defensiveness, criticism, or contempt.
  2. Indifference feels like the rule rather than the exception. You get the feeling that they just don’t care if you’re in the room or not, or vice versa. It takes a crisis to get a mate’s full attention and when it’s over, they drift away again, having checked it off their to-do list.
  3. And while we’re on the to-do list, another sign of impending divorce is when sex becomes an item on that list, more of a task than something that excites and enriches, expresses a fundamental attraction, that draws you out of yourself and your skin with passion and arousal and creates a lovely, sexy bond between the two of you.
  4. The distancing expands to include not just a drop-off in the sexual exchanges but a drop in your desire simply to be in their company. You begin to live more like roommates.
  5. Distancing turns into an outright aversion to being around them.
  6. Your sense of responsibility to that other person begins to feel like an obligation rather than a joy or a gift of time and energy, done with what used to be compassion or at least graciousness.
  7. An addiction or habitual, non-constructive behavior takes precedence over your mate.
  8. You begin to look for—and find—emotional connection with others, which can become emotional affairs.
  9. Sexual affairs—cheating—become justifiable in your mind and perhaps even occur. (This warning sign is not so subtle).

For the most part, though, the signs are subtle, but even more subtle is that inner voice, the song of our authentic self. That voice is quiet, unassuming—at least until we start tuning out the dissonance so we can hear it.

Clarissa Pinkola-Estes, Ph.D. writes about this voice, the archetype it belongs to, in her book “Women Who Run with the Wolves: Myths and Stories of the Wild Woman Archetype.”

“I call her Wild Woman, for those very words, wild and woman, create llamar o tocar a la puerta, the fairy-tale knock at the door of the deep female psyche…When women hear those words, an old, old memory is stirred and brought back to life. The memory is of our absolute, undeniable, and irrevocable kinship with the wild feminine, a relationship which may have become ghostly from neglect, buried by over-domestication, outlawed by the surrounding culture, or no longer understood anymore. We may have forgotten her names, we may not answer her when she calls ours, but in our bones we know her, we yearn toward her, we know she belongs to us and we belong to her.”

Thankfully, the wild, unbound woman inside us all never stops whispering.

Jennifer Bent is a freelance writer and former journalist living on the West Coast. Nicknamed Verbose at a young age, she loves word craft but has to keep a short leash on her fondness for the profane. Jennifer enjoys her cat’s input on her rough drafts (talk about snark) and the freedom of being her own partner. Connect with Jennifer here.

SAS women are those amazing ladies you meet who are entirely committed to rebuilding their lives after divorce—on their own terms. If you are discerning, newly divorced and independent, you are invited to experience SAS for Women firsthand and schedule your free, 15-minute, private consultation. Whether you work further with us or not, we’ll help you understand what your next, black and white steps are for walking into your BRAVE unknown.

A person considering a marriage annulment or divorce

What is the Difference Between a Marriage Annulment and Divorce?

A marriage annulment may seem like a thing of the past, but the legal process is still very much alive and could be an alternative to divorce.

Annulment of a marriage can take place in both religious and secular societies, although it may be more common in the former. To put it simply, an annulled marriage is a marriage that never happened. It’s void, or voidable, when the marriage took place. Marriages can be considered void for several reasons. But a divorce recognizes that, although the couple is now legally separated, the marriage did take place and was valid at the time.

If you’re thinking about ending your marriage, it’s important to note that laws surrounding a marriage annulment can vary greatly, both from country to country and even within nations. Laws within the US and the UK, for example, differ from each other.

What is an annulment?

Not all places have such a thing as a marriage annulment, and where they do, the laws, processes, and reasons a couple might seek a voided marriage vary greatly. In Wales, for instance, there are restrictions on marriage annulments, and they must normally take place within three years of the date of marriage. In the US, annulments occur for reasons like fraud, bigamy, duress, underage marriage, marriage between close relatives, and mental incapacity (even mental incapacity caused by intoxication, in many states).

Time is also a factor. Normally—although not always—an annulment takes place within the first few years of the marriage. It makes sense that if misrepresentation (see below) is a reason for annulment, that the couple would separate soon after discovering the misrepresentation rather than remaining with a partner. On the other hand, the choice to remain in the marriage could make annulment more difficult, as one partner did consent to remain in the relationship rather than separating. A court may view divorce as a more viable option in this case. But again, it depends on location. In New York state, a marriage could be voidable if there was substantial misrepresentation up to three years after it was discovered.

The history

It may be considered unjust that while a divorce is available to all, annulments are only available to some. The notorious Henry VIII had many marriages annulled, after all. But even in modern times, the examples that come to mind tend to be celebrities (Britney Spears, anyone?) and not so much the everyday people we interact with in our daily lives. But a marriage annulment isn’t available to only the rich and powerful.

Historically, in countries with heavy religious backgrounds or where divorce is not legal, this may be (or may have been) the only option. In some religions, a tribunal must decide whether a marriage was “in some way lacking from the beginning.” The principal is broadly similar—the marriage was not valid at the time; therefore, it is not valid now.

Who may get an annulment as opposed to a divorce?

Although religion does play a part (for example, those with dissolved marriages in the Catholic church can remarry in the church), this is not always the case.

If a partner is dishonest about any of the following: current marital status, having children with a previous partner, intentions of having children (or lack thereof), having a sexually transmitted infection at the time of marriage, criminal history, religion, or any other substantial fact, these could all be treated as grounds for annulment rather than divorce (depending on location). Once again, it comes down to whether the other person would have agreed to the marriage, having known the facts, at the time. Or if a partner was aware of the situation but induced the other partner into thinking that they were happy to proceed with the marriage despite those facts (an example might be a woman who was aware of a man having fathered children with previous partners, only to change her mind later).

Is it necessary or a thing of the past?

The result could be the same. If a married couple who divorces has children, divorce proceedings would decide things like custody, visitation rights, etc. as well as dividing the couple’s assets.

In the case of annulment, let’s say for misrepresentation, the courts may look more favorably at the partner who was misrepresented. The misrepresented facts normally must be substantial (as previously mentioned: dishonesty about marital status, children from previous relationships, criminal history, sexually transmitted infections, religion, or fraud). Misrepresentation is often one key difference between annulment and divorce.

The local or national laws in your area are most likely to dictate whether a marriage annulment is possible for you and what rights partners who have annulled marriages might have. While some may argue that annulments are a thing of the past or only relevant in religious societies, others will argue their advantages in the 21st century. Knowing that your marriage was not valid might provide some comfort and make it easier to start over or find a new partner. But since every relationship is different, the decision to have a marriage annulled or to get divorced is one that couples need to make for themselves.

Beatrix Potter is a professional writer at Write My Essay and Do My Homework writing services. Bea writes about relationships. In her spare time, she enjoys traveling, running and reading a wide range of genres.

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. SAS offers women six FREE months of email coaching, action plans, checklists and support strategies for you, and your future. Join our tribe and stay connected.

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.

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.”

how to bring up divorce

How to Bring Up Divorce

Divorce is not—no matter the circumstance—going to be an easy subject to bring up with your soon-to-be Ex. While you might be fed up with your husband* and, without a doubt, want a divorce, you’re afraid that using the dreaded D-word is going to hurt or shock your partner. You want to bring up divorce, but walking down that path seems as terrifying as Snow White running through the woods, all your fears clinging at your skirts. Once you mention divorce, as soon as your partner hears that word, you know you’ll have to stop running and confront those fears one by one.

This post is for you, the woman who’s ready to stop running. Because maybe you’ve tried counseling. You’ve used your words. You’ve turned the other cheek (or not). You’ve looked past his faults and have worked on your own. But you still aren’t happy. “Happy” is a long way off.

It’s time to stop dwelling on exactly how to bring up divorce because there is no one right way, and instead, reach within yourself for the strength you’ll need to have a frank and open conversation with your partner about what is real and the decision you have come to.

We have some general tips on where, when, and how to have this conversation, but remember, divorce isn’t a one-size-fits-all process. You understand your situation and your soon-to-be Ex best. The tips below are merely suggestions—it’s up to you to decide how to best adapt them to your specific situation.

The setting

This is a tricky thing to think about, but it is one of the best places to start: where are you going to bring up divorce? Going out might seem like a good idea—a way to minimize your partner’s ability to have a big, possibly dramatic reaction—but that can often backfire. You can make your husband feel as though you’ve tricked him by bringing him out on a date only to drop the D-bomb on him.

As divorce coaches, we do recommend going out to have this conversation but to a neutral place so you are not reminded of domestic triggers or distracted by routine interruptions. A neutral place is not a restaurant where you can be interrupted by waiters or even friends who might see you. Instead, we like the idea of sitting on a park bench or taking a walk on a quiet path. Breathing fresh air and moving around helps you gain perspective and lowers stress levels.

If you are in counseling or have a couple’s therapist you can speak to, a session would also be a safe and appropriate place to bring up the D-word. Your counselor’s office is both a public and private place where you’ll have someone available to help you along during the conversation.

If you choose to bring up divorce at home, make sure your kids are in bed or—better yet—out of the house with a trusted loved one or at another activity. If there is yelling or crying, you don’t want your children to witness your fight. You might want to have a meal prepared and a space you feel comfortable in before you speak to your partner. Your talk with your spouse might be long and involved, or it might be short and simpler than you think—either way, choosing a space where you feel safe is crucial.

The timing

While you can argue that there really isn’t ever a great time to bring up divorce, there are plenty of very not good times that you should probably avoid, like an anniversary, a major holiday, a child’s birthday, or while your kids are applying to college. (“Thanks, Mom, I didn’t get into Harvard because you — and your springing divorce on Dad!”)

With all of that said, sometimes the conversation needs to happen sooner than later—sometimes ending a relationship feels especially time-sensitive, rightfully so, if your soon-to-be Ex has had an affair or brought an STI into the bedroom. Is there domestic abuse? The timing of the divorce really depends on the urgency and necessity of divorce.

Even the time of day should be taken into consideration. If your partner is leaving for work in 15 minutes, for instance, it’s not the right time to bring up divorce because you won’t have time to thoroughly talk it through and, instead, he’ll be at work all day ruminating on divorce. He’ll come home upset and in a state of mind that isn’t helpful when having a serious conversation like getting a divorce. Similarly, bringing up divorce right before bed can lead to a night of restless sleep in which you and your future Ex spend the night discussing the same issues over and over again rather than actually sleeping.

One of the best times for bringing up divorce might be over dinner on a Friday, or really any day when you and your partner don’t have to get up and go to work the next morning. This way, you can talk, rest, or think without worrying about putting on a good face for others.

The script

When the setting and timing is right, it’s time bring up divorce. Your tone, overall, should be empathetic—you know this isn’t going to be an easy conversation, and you aren’t asking to get a divorce out of anger or malice, so let your tone convey that.

Try to remove any accusatory language from the conversation. Don’t try to assign blame to your Ex, either, even if the divorce was brought on by something that he did or maybe even many things that he’s done. Instead, use “I” language, like “I feel like we’ve tried various way of getting our relationship back, and it’s not working. I don’t want to live like this anymore. It’s time we talk about divorce.” This makes the conversation about moving on and not about assigning guilt or blame for the end of your marriage.

While you want to have an empathetic tone and you want to use “I” language to avoid assigning blame, you also want to stand firm on what you want and follow through with your plan to pursue a divorce. Your husband might be upset and plead with you to give him another chance. He might promise you that he’ll change—but hold firm and let him know the time for change has passed. While you might be sure he can work on himself and improve in the future, it will have to be for himself or his next partner, not you.

More on tone

As divorce coaches, we like to recommend to clients that they also reassure their partner, because the word “divorce” induces all kinds of nightmare scenarios. While we believe you do not have to have all the answers on how you will divorce (what you will ask for, how you will split the 401(k), etc.) to have this difficult conversation, it is wise to endeavor to set a certain tone for the conversation and your interactions going forward.

Reassure your partner you don’t want to end your marriage as their adversary. You might say, “I don’t have all the answers. I don’t know how we’re going to do this exactly. But let me reassure you for the sake of both our lives (and our children’s), I want to do this the healthiest way possible.”

This may bring the temperature down between you and your partner, who may worry you will try to keep the children from him or you will try to be vindictive or cruel, resulting in a divorce that costs a lot—both financially and emotionally.

When you feel that you’ve said what you must say (keep it simple) and that your soon-to-be Ex understands your feelings and what this means for your relationship, it’s time to end the conversation. This can be a really difficult spot to feel out, but once you do, it’s time to set a future meeting date to talk about how you might separate or divorce — traditional approach, mediation, using the “collaborative divorce model” or DIY.

Caution

This conversation—the one in which you bring up divorce—shouldn’t be the lets-get-it-all-done-now conversation. That’s far too much to talk over at first. You and your soon-to-be Ex need time to process what just happened before you take the next steps in getting a divorce.

It’s an important thing to remember that it’s taken a lot of time, pain, and thought to arrive at this place of discussing divorce with your partner. On some level, you’ve been preparing for this day for a long time. But your partner has not.

Chances are things have not been good, but if you are saying divorce first, it’s important to give your partner time to really take in the fact that you are serious. If you’ve said “divorce” before but then caved, remember that he’s been conditioned to believe you don’t really mean it. If you do mean it (and we do not encourage you to use it as a threat unless you really mean to follow through) expect your partner to have an emotional reaction to your truth. He will need time to metabolize what you’ve said and what it really means.

The aftermath

After all is said and done, you have just taken a big step toward making your divorce real. It’s not an easy journey, even if your conversation with your Ex goes well. Even if you and your Ex seem to be on the same page during the start of your divorce, you will likely need ongoing support discovering and staying focused on your most meaningful goals—and not getting caught up in the emotional drama.

At SAS for Women, we like for a woman to be educated on what her rights are and what getting a divorce might look like BEFORE she decides fully decides to divorce or has this momentous conversation with her partner. A good divorce coach can help you not only figure out if you want to end your marriage, but what your choices genuinely are, and how to bring up divorce with your partner. A certified, seasoned divorce coach can help you figure out all the little and big decisions throughout the divorce process, too. You’ll want the right support shepherding you through these challenges to the new place you’re headed to, the place where you actively pursue your happiness and rebuild your independence.

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, helping you move forward the healthiest way possible, consider Annies Group, our virtual divorce education, support and coaching class for women thinking about divorce or beginning the process. Learn what your choices and goals really are. Schedule your 15-minute chat to find out if this education is right for you, where you are in your life, and most importantly, where you want to go.

*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.