Legal Forms

Online Divorce Tips

2012-07-04T20:25:00.002-07:00

Should you File for Divorce?

A divorce can be a very expensive and challenging experience. Getting through with the terms in regard to a divorce can be very time consuming. When ready to file for divorce you may be concerned if you are able to afford a divorce.

A divorce can involve many trips to the courtroom which may lead to more expenses. You should keep in mind that every procedure done through the process of a divorce will be more money coming out of your pocket. There are several other options of a divorce other then hiring an attorney.

Are you able to afford a divorce?
You should select an affordable lawyer who would help you with all the legal documents required in your state and would also assist you with various formalities.

If your case is to get custody over your child, you would have to make sure that your finances are secure. You would have to prove in the courts that you would be able to support your child in all aspects pertaining to medical care, dental care and schooling or further education. It would be essential to protect your rights while going in for divorce.

Some tips in regard to finances and divorce

Try and be realistic during your divorce to avoid a strain on your finances. While being married all your financial duties were shared with your spouse but after divorce you would have to take hold of your own finances from here on out. You should be aware of what you own as an individual.
Be sure to calculate individual finances. When you calculate your worth and your ex-husbands worth, you can know where you stand individually.
Try and get help from a financial adviser. Your financial advisor would help you with your finances and keep the finances in order. During the entire process you should be aware of the joint accounts, individual accounts and have copies of bank statements. With a financial advisor you would be aware of the financial implications of a divorce.

To avoid unnecessary expenditure, try and end your divorce as soon as possible. By doing do so you can avoid unnecessary expenditure on attorney fees. Lawyer fees are extremely high and expensive. While hiring a lawyer, make sure you ask about the fees in advance and how long the divorce procedure would take. When you know the fees and the duration of your case, you would be aware of your expenses.
Refrain from making your divorce a long drawn process. Try not to talk down your partner and make your marriage dissolution a bitter episode. You can avoid unnecessary expenditure when you are more realistic about your financial backing and the costs involved in the entire divorce procedure. It would be wise to pay up all debts in advance if you are able to.

If you and your spouse are able to come to an agreement and you would like to find out more options about an online divorce you can simply go to www.mydivorcepapers.com and begin your low cost specific state downloadable kit and form today.

Last Will & Testament or Living Trust?

2010-08-06T10:20:00.000-07:00

The two most prominent documents used in estate planning are a Last Will and Testament and Living Trust. Both documents can plan for your family and assets following your passing, and often the two are used together for more complete estate plan. While both can handle the bulk of your estate planning, there are differences between the two.

Last Will and Testament

A Last Will and Testament is the most basic of your estate planning documents and includes the following attributes:

You are able to name an executor of your will to handle your wishes and estate. An executor will help work your will through the probate process and handle the distributions of your property and assets following probate fees, taxes and payment of all debts.

You are able to list specific items or percentages of your assets as bequests to certain parties to be distributed when the parties reach a legal age.

You are able to select a custodian for your children and their assets until they reach legal age.

Your will be put through probate following your death and property would be held by the court until the probate process was complete and all applicable fees have been paid.

Living Trust

A Living Trust is a more advanced estate planning tool used to give you additional options for distributing your assets as well as protection from many of the fees and delays caused by probate. A Trust has the following attributes:

You are able to assign a trustee to handle your trust following your demise or incapacity for any reason. The executor will pay all applicable taxes and debts then distribute or continue to manage your property as you’ve requested.

You can make bequests to specific parties in any format you like. You may elect to distribute your property and accounts immediately following your passing or you can set up a plan for distribution over a span of time and with conditions you set to be sure your bequest is being made in a way that suits the individual and your preferences.

You are able to select a guardian for your children until they are of legal age and for their assets until a time based on any condition you set.
Your living trust will be managed during your lifetime and transfer to another designated trustee following your death or incapacitation with no interruptions or publicity in the court.

FAQ for Divorce!

2010-08-02T12:47:00.000-07:00

Is hiring a lawyer necessary?
Hiring an Attorney is not necessary. You are able to represent yourself. However, given the complex of all the issues that can occur, it would help with hiring a lawyer who is familiar with the law and experience.
How is the divorce commenced?
An action for divorce is commenced by the personal service of a summons upon your spouse. Sometimes, the summons is accompanied by the complaint which sets forth the grounds for the divorce.
What are the grounds for divorce?
In some states, there are six grounds for divorce. Of the six grounds, four of them are based on the "fault" of one of the parties. They are:

cruel and inhuman treatment
abandonment for one or more years
imprisonment for three or more years
adultery.

Living apart for one year under a separation judgment granted by a Court or under a separation agreement signed by the parties are the two grounds that are not fault based.
Can I receive child support or maintenance before I am divorced?
Yes. You can make a motion requesting that the Court grant you temporary maintenance and/or child support. If ordered to pay, your spouse will be required to you these sums during the action for divorce. Keep in mind that every divorce is unique in its own way.
I cannot afford a lawyer. What should I do?
In addition to ordering your spouse to pay you maintenance or child support during the divorce, the court could require your spouse to pay your attorney and any experts you may need to hire.
Will marital fault impact on my rights to a property settlement?
Generally, marital fault does not impact on the economic issues of the divorce. However, there are exceptions, particularly when one spouse is found to have wasted marital assets.
How quickly can I be divorced?
There is no way to predict how long it will take to obtain a divorce. The time it takes to obtain a divorce differs from case to case and is solely dependent upon the extent to which the divorce and any of the related issues are contested.
If the divorce is not contested (that is, both spouses agree to the divorce and have worked out all issues relating to the division of marital assets, child custody and support), the divorce can be processed by the Court and granted quite quickly.
Can my spouse and I retain the same attorney?
No. Divorce, even when uncontested, is an adversarial process. You and your spouse have conflicting interests. Since an attorney could only represent one of your interests, it would be improper and unethical for an attorney to represent both spouses.
How much will a divorce cost?
The cost of the divorce is directly related to the complexity of the case and to the extent to which the issues are contested. An uncontested divorce will obviously cost much less than a divorce where, for example, there exist hotly contested issues as to child custody or the division of marital assets.
An attorney will generally require the payment of a retainer at the outset of the representation. You can expect to be billed on an hourly basis for work performed in the course of the representation. If the initial retainer was insufficient to cover all the legal fees and costs, you will receive periodic invoices, which you are expected to pay promptly.
In addition to paying your attorney, you will be responsible to pay court filing fees and the other costs incurred in the course of the divorce.
What if my spouse does not consent to a divorce?
Even if your spouse does not want a divorce, you may still be able to obtain one; your spouse cannot force your to remain married. In a contested divorce, you will be forced to prove, at trial, that the grounds for the divorce are true. If you can prove your case, you will be granted at divorce. On the other hand, if you fail to establish grounds for divorce, then your divorce will be denied.
Is there always a trial?
No. A lot of cases are able to settle. While it may appear at the commencement of your case that the divorce will be contested and that you will be forced to go to trial that it is seldom the case. It generally takes some time for the parties to work out all the details of the divorce. Often with the aid of the parties attorneys and the intervention of the court, the parties are able to work out their differences and, ultimately, settle the divorce.
Will the Court papers in my divorce become public records which anyone can read?
No. By law, in order to protect the parties privacy, the courts limit access to papers in matrimonial cases to court personnel, the parties and their attorneys.
Now that you are a bit familiar on what to expect during your divorce you can simply begin your divorce process now. Simply go to www.mydivorcepapers.com and start your low cost no-attorney specific state divorce process now.

Who Can Make a Will?

2010-07-29T10:18:00.000-07:00

Anyone of legal age and sound mind is able to make a Will.

If you have property that you wish to distribute at the time of your death, you should have a Will.

When you make out your Will, you'll need to designate beneficiaries and an executor. The beneficiaries are the people or organizations who receive your property. The executor is the one you designate to see that your wishes are carried out.

If you have minor children, you should also nominate a guardian to provide for the physical welfare of your children.

In most states, a minor becomes an adult at the age of 18. Once he or she reaches that legal age, certain rights will be given. This is true for most states when it comes to making a Will. Forty-seven states currently require the Will maker to be at least 18 years of age. South Dakota is the only state that requires the Will maker to be older than 18. Louisiana sets the minimum age at 16, while in Georgia; you can make a Will as early as 14 years of age. Several states may allow for those younger than 18 years of age to write a Will if they are married, economically independent, or a member of the military.

Division of Property

The main purpose of a Will is to make provisions for the division of your property after your death. In general, you can designate anyone you wish to be your beneficiaries and you can distribute your assets in any fashion, but there are a few exceptions. Many states have provisions that provide the surviving spouse with the ability to elect to take a defined portion of the estate regardless of the provisions in the Will.

Leaving Property to Spouses

Most of the time, spouses are the major beneficiary in a Will. Even so, there are laws in all states that protect the surviving spouse from being disinherited. Some allow the spouse to take an elective share of the estate, usually one-half or one-third, regardless of the provisions in the Will. One method to disinherit a spouse may be through the use of a premarital agreement, but the courts are apt to closely scrutinize such agreements to make sure that the agreement was signed in good faith and with full disclosure of assets.

It's possible to put limitations on the property that you leave to a spouse through the establishment of trusts for the benefit of your spouse that come into existence after you die. You should consider the following factors in deciding what kind of trust is best for your circumstances:

the possibility that your spouse's needs may increase in the future
the manner of living to which your spouse is accustomed
the ability of your spouse to provide for his or her own needs
the ability of your spouse to manage the trust assets
the possibility that your spouse may remarry and the affect the marriage may have on your children or other beneficiaries.

Providing for Minor Children

Many times a spouse is given the entire estate with the expectation that he or she will provide for minor children. That expectation is not always sound however, especially when the surviving spouse is not the parent of the children, or if the spouse is not available to care for the children at the time of your death.

One of the most common practices under these circumstances is the establishment in the Will of a minor children's trust. The trust provides financial support for the children until they become adults, at which time the remaining assets of the trust are distributed to them. It is important to carefully select the trustee, who will manage the trust and make the distributions to your children. The trustee will work closely with the person you've named as guardian to raise your children. In many cases, the trustee and the guardian are the same person.

Leaving Property to Adult Children

It's common for adult children to receive a significant portion of their parent's property. On the other hand, in every state except Louisiana, it is legally permissible to disinherit a child, regardless of his or her needs or age. Louisiana law provides that no child under the age of 23 at the time of the parent's death can be disinherited.

Leaving Property to Grandchildren

Grandparents often leave portions of their estates to their grandchildren to help pay for special needs or educational expenses. Grandparents may also leave property to grandchildren because their parents already have sufficient assets.

Written Requirements

Most Wills are documented with the written word. These are usually formatted with typewriters or word processors. If properly signed and witnessed according to the requirements of the state where signed, these are legally valid in all states. However, there are other types of Wills.

These are handwritten, un-witnessed Wills, signed only by the Will maker. A few states still recognize Oral Wills, under certain conditions. Others offer a standard Will form, where you just fill in the blanks.

A relatively new type of Will is the Video Will, where the Will maker usually reads his or her Will out loud on a video. Videotaping a Will can help avoid a Will contest by showing that the Will maker was competent and following proper signing formalities. Keep in mind that many states will not recognize a video Wills as a substitute for a written Will; the Will maker should do both.

Signing Requirements

In order to make your Will valid, you must sign the document in the presence of at least two witnesses. They, in turn, must sign it as well, in your presence and in the presence of each other. At the time of the signing, most state require that you be mentally competent and at least 18 years of age.

Witnesses

Witnesses are very important to the validity of a Will. The signature of at least two witnesses is required in order to affirm that you were mentally competent and under no duress at the time you executed the Will. Each witness must understand that they are witnessing a the signing of a Will and they must be competent to testify in court. Witnesses should sign in the presence of each other.

In many states, a witness cannot be a beneficiary of the estate. States have adopted these laws to prevent any conflict of interest from those who may be in line for gifts, or who may benefit from your death. Some states will allow for a beneficiary to act as a witness, but in doing so, that witness may lose some or all of the property that he or she would have to inherited.

With understanding the importance of a Will, you can easily begin to protect your assets and life by going to www.easyagreements.com for the correct forms or www.createawill.com for the Kit.

DIY Divorce Tips!

2010-07-28T10:19:00.000-07:00

A DIY divorce can save you time and money if you are able to come to an agreement with your spouse.

If you meet the following requirements, you have the opportunity of filing your own divorce papers.

Both parties agree on getting a divorce.
There are no minor children involved.
There is very little or no community property or debt, and both spouses agree on how to divide it.
There are no retirement or pension plans, investments, or stock options.
Neither spouse is in active military service.
Your spouse has not already retained a lawyer or filed any papers or judgments.
There is no impending bankruptcy.
There is no history of abuse or restraining orders.

Take note that a do it yourself divorce will involve more time on your behalf as you will need to properly fill out all paperwork necessary, but will save you a ton of money. When you represent yourself, you will work directly with the county clerk and local judges, so it is best to establish how they view a do it yourself divorce. Be sure to review and file all the paperwork that you have prepared properly. Below is a partial list of the required paperwork that you will need for a do it yourself divorce. Each state has its own document requirements, so you should check with your county clerk to see what they are. You can also download your own state-specific divorce forms on the internet at www.mydivorcedocuments.com.

Basic Forms Needed For Do It Yourself Divorce:

Petition for Divorce - gives the court jurisdiction over your divorce.

Financial Affidavit - Puts forth financial agreements before the court.

Notice of Hearing - The judge’s clerk or family court clerk sets a date for the judge to hear your case, and a notice of hearing is filed.

Answer and Affidavit - This allows your spouse to not be present at the hearing if he acknowledges the validity of the do it yourself divorce. Ask the court clerk if this is possible in your state, and where you can get the forms.

Certificate of Corroborating Witness - Establishes that you have resided in that state long enough to qualify for a divorce in that state.

Settlement Agreement - Determines the conditions of the divorce.

Divorce Judgment or Decree - This is the document that the judge signs to finalize the divorce. Be sure to ask for a photocopy, and also how you can receive a certified copy from the court.

Do it yourself divorce generally keeps the divorce process fairly simple, and can make less animosity between spouses. If you think a do it yourself divorce would be appropriate in your situation, simply go to www.mydivorcepapers.com and begin your low cost down-loadable specific state divorce process now. Once you have all the forms, take your time filling them out carefully. This great DIY divorce site allows divorcing couples to create their own divorce agreement along with supporting court required documents using a step by step self guide to help you along the way. It makes preparing your own divorce papers much easier. You may also go to www.easyagreements.com to find specific forms only.