Affinity Support

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Is Divorce Imminent?

If the answer is Yes, then you'll need to be prepared.

Separation and Divorce is not something that comes to mind when someone initially enters into a relationship. Sometimes things just do not work out as intended. All divorces are not created equally! Once the decision to file for divorce has been made, you will need to determine what type of divorce filing you will need. Whether you are filing with children, or without, a no fault divorce, contested or uncontested. There are certain forms, separation waiting periods, legal documents and/or agreements you may need depending on the state you live in. Affinity Support can bridge you through the complexities of separation agreements and/or divorce filing forms to ensure we meet the criteria specified so that your case is processed efficiently.
Matters that can effect a Divorce

  • Child Custody and Visitation
  • Child Support
  • Spousal Support/Alimony
  • Martial Status
  • Taxes
  • Credit
  • Bankruptcy
  • Residency
  • Removal of Personal Property
  • Property Rights
  • Assets & Division
Checklist of things to consider to prepare yourself.

  1. Grounds for divorce - All states provide legal grounds to file for divorce. Some states permit a "No-fault" basis to get a divorce as also there are some states that provide for "No-fault in addition to "Fault" grounds for a divorce. Click on the link down below to download the State chart.
  2. Separation - some states have enacted laws regarding a separation time period of which must be satisifed prior to being eligible to file for divorce. The chart below also provides information to review to see what your state requirements are. 
  3. Gather financial documents - Obtain a copy of all your financial documents including mortgage statements, loan statements, credit cards, bank statements, paystubs, if your on financial or public assistance be prepared to have this information
  4. Jursidiction - Decide where you are going to file your paperwork. If living with kids, some states require you to file in the county where the children reside.
  5. Good legal advice - Consider hiring an attorney if you feel the divorce process will become complicated. Additionally, a good friend, counselor or therapist might alievate some of the unexpected stress.  Speak to someone especially if you aren't sure what route to take.
  6. Assets and liabilities- Make a list of all your assets and how much they are worth. Determine if you have real estate, zillow is a good source to determine an estimate of what the curret market value is. If you have a vehicle, check out the Kelley Blue Book value and take note of how much it's worth. Find out how much equity is in your home, check into your 401k, credit card balances, etc.
  7. Personal Property - If you intend on leaving the home, make a list of all your personal property, take your photographs, jewelry, clothes, decide how to split the home furnishings.
  8. Marital Agreement - If you and your spouse are on good terms or can come to a mutual agreement, consider entering into a martial agreement and sign it in front of a notary public. In an agreement, you may be able to decided how to divide personal property, retirement plans, and even putting a schedule together for the children if applicable.
  9. Minor or dependent children - make a plan for the kiddos and decide what is in thier best interest. Designate who will become the custodial or primaary parent. If you have children create a realistic proposal for time sharing for each parent. Some states require a parenting plan, so plan ahead.
  10. Insurance - Take a look at your insurance policies, whether it's health insurance, life insurance, or even auto insurance. If you and your spouse are on a shared plan you'll need to consider making changes to your policies before the divorce is finalized. and/or retirement plans if any
  11. Monthly Expenses and installment account - make a list and take note of how many expenses you have and how much you are paying monthly. If you have children or do not have an mutually signed agreement to designate how to divide debts, you might be demanded by the court to provide a list of all your monthly expenses.
  12. Prepare, Plan and Execute - Make a plan on how you intend on supporing yourself post divorce. Develop a budget based off of your income alone. You'll have to adjust to living like a single person without the extra income coming in to assist with the monthly expenses.
Questions you should look into:

  • After your divorce is final, will you need to make a new will?
  • Will alimony or spousal support be a factor in the divorce? If it is, get your paystubs, bank statements and all financial information ready to submit to the court. Obtain tax returns ideally the last three years, research the tax implications of any alimony spousal support, selling your home or liquidating your 401(k) plans or stock.
  • Is there a history of abuse, are there any pending or past restraining or protective orders? If this is applicable to your situation, you will need to  have your case information ready.
  • Is your spouse missing, when was the last time you had contact with him/her? Some states have enacted laws regarding spouses that can't be found. In some states you can serve the spouse by publication of service which can become costly and complicatied other states do not allow for puclication of service. In those states you have to request the court to appoint an attorney curator or attorney ad litem.
  • Do you or your spouse want to restore thier maiden name?
  • Will you need to obtain a protective order on your credit file, checking or banking accounts, and credit cards?
  • Do you have shared email accounts, computers? Consider changing your passwords on computers, cell phones and internet accounts, if this applies to your situation.
  • Do you own a business. You might need to have it evaluated if you own it privately.

Grounds for Divorce and Residency requirements

Divorce Information by state

Updated 8/26/2016

Updated 8/26/2016

Check out this grounds for Divorce and residency requirements chart for more information.
*Please note this information may not be up-to-date.
Here is an overview of some general information about divorce. Click on the button below to download a form and review the information according to the state you will be filing for divorce in.
State Divorce Chart
Divorce Info

Alimony/Spousal Support
by State

Updated 8/26/2016

Here are some enacted laws regarding alimony and spousal support. Depending on what state you are in, this chart can help you determine what factors are considered when a request for alimony is asked from the court.
Alimony/Spousal Support
“If you are good at building bridges, you will never fall into the abyss!”
― Mehmet Murat ildan