Legal Remedies

DIVORCE

Divorce is a final step in ending a marriage.  When considering filing for a divorce without the help of an attorney, make sure you have all your answers to your questions.  You need to know if you qualify for alimony, child support and the division of property that you may have both acquired during the marriage.  Once your Settlement Agreement is entered into the court and a judge finalizes the divorce it is very difficult to amend your agreement.

After completing the forms that follow in this section, please consult an attorney if you have any doubts, or make sure you review them several times before entering them to the court.  Self-help materials are great, but we must use them with caution.  Below you will find several questions that sometimes go unanswered, and can cause great stress during and after a divorce.

Child Support

Regardless of how you may feel during your divorce, you must attempt to focus clearly on the needs of your child(ren).  Once a divorce is finalized other than what the state may mandate that the absence parent pay for support, you may have relinquished all your child’s rights to medical coverage, life insurance benefits, and a higher education, if you did not properly make your demands on the Marital Settlement Agreement that is entered with your divorce.  This is extremely important.  Have someone review your Marital Settlement Agreement whom you trust or have an attorney review it.

The following are some of the guidelines that the state you live in considers in determining if what you are requesting is reasonable:

• the needs of the child -- including health insurance, education, day care and special needs
• the income and needs of the custodial parent
• the paying parent's ability to pay, and
• the standard of living of the child before divorce or separation.

Alimony

There are several types of alimony, each of which is designed to meet particular needs.  Do not assume that you are not entitled to alimony, until you have either researched thoroughly or discussed it with an attorney.  Many individuals have forfeited this compensation when filing for a divorce on their own, because of their lack of understanding.  There are many research engines on the web that can help, and your library is full of information, if you cannot afford an attorney.

Property Division

There are several states that simplify the division of property, by splitting the property evenly between both parties.  Those states are, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.  If your state does not fall under this rule, you must make sure that you find out the following before agreeing and signing your final divorce papers:

• How is the property divided in your state?
• Are you entitled to an equitable distribution?
• What is considered community property?

One question that is asked often, “is who gets to live on the property until the divorce is final?”  If there are children involved, the parent who provides the primary care will usually remain in the home.  If there are no children involved, if it is a community property, no individual has the right to put out the other until the property issue has been resolved by the final Marital Settlement Agreement, unless domestic violence has been committed, and the injured party has been granted a restraining order. If the property is own by only one of the divorce parties, then the individual who does not own the home will have to leave the property at the request of the other party.

The information in this guide is not to be considered as legal advice.  All information should be verified to make sure that it is consistent with and applicable to your state laws and programs.  Programs and laws may vary from State to State.

What is the one most important thing I should know about bankruptcy?

It is not necessarily for every individual in financial distress.  You must examine the kind of financial problems that the person is facing.  There are many variables.  For instance, if you own real property, that may have some impact on whether to file for bankruptcy, and if you do what type of bankruptcy you file.  If you have mainly credit card debt, that may have a certain bearing on which type of the bankruptcy you file.  People sometimes may not be aware that they are exposing all of their financial affairs as a public record.  There is not much you can hold back once you file.