A divorce settlement is most likely to occur when the two parties are separating amicably. The goal of a divorce settlement is to reach a compromise on how the divorce should be handled, and how the couple’s assets should be addressed and split. This settlement is an official agreement between the two separating parties. This agreed upon arrangement resolves the divorce issues between the two parties, including agreements on division of assets, child custody, and future transfer of earnings. The benefit of an agreed upon divorce settlement is that it can occur before a court is forced to intervene and mediate a divorce proceeding. By undertaking a settlement outside of the court system, the two parties can avoid exposure to significant monetary expense and time requirements. The ability of a couple to come to an adequate and acceptable agreement is contingent on a number of factors, including personal status of the relationship between the couple, value of joint assets, and the existence of children. The primary concern of individuals when trying to construct a divorce settlement is to get the best possible deal for yourself. Of course, compromise is very much the name of the game when it comes to constructing a successful settlement.

Financial security and safety must be a primary concern when negotiating a divorce settlement. Easily agreed upon divorce settlements are more likely to occur when the lines of division of the marriage are clear. For instance, an agreement on the division of assets is easier to achieve when there is an agreement on what each individual brought to the marriage in terms of assets and when both parties earn similar incomes. When there is a large disparity between the two parties incomes, then there is more likely to be debate on how assets should be divided and how income should be transferred to maintain a balanced financial situation for both parties. Another complicating factor in the average divorce, including divorce settlements, is the existence of children, particularly young children.

The parties must consider the value inherent in their combined assets such as houses, cottages, vehicles, 401k’s, private pension plans, equity or bond investments, cash accounts, or business ownerships. This non-exhaustive list demonstrates the vast array of assets that a divorcing couple must consider, and how important it is to look beyond just tangible, current assets. Future monetary payout asset structures such as pension plans are equally as important cars and furniture.

The majority of divorce settlements use an existing precedent as a guide to develop a fair and accommodating agreement. There are obviously a plethora of example divorce settlements to review, and often examples can be found that come very close to matching the specific situation a divorcing couple finds itself in as it relates to asset size and scope, marriage length, and family size. A divorce settlement can be undertaken without the guidance and advice of a legal representative, but this is not always recommended. Though the use of a lawyer often results in a considerable fee, their insight during a complex legal process like a divorce has value that exceeds the financial cost. In the case of some divorce settlements one or both parties will hire a legal representative to guide them the process. Though they do incur some expense when taking this course of action, the cost is considerably less than allowing a protracted divorce mediation to occur within the court system.

Undertaking divorce proceedings can be a difficult, painful, and expensive proposition, and therefore the decision to initiate a divorce must not be taken lightly. Due to the considerable expense a divorce can create, many people choose to attempt a DIY divorce (Do It Yourself divorce). A divorce is the formal dissolution of a married couple, removing the status of ‘married’ from both parties. There are many types of divorce, and the condition of the relationship between the two parties dictates how a divorce will be processed. Divorce papers are a significant element in the divorce process, and the quantity and nature of these papers differs between divorce types. It should certainly be pointed out that undertaking a DIY divorce does not eliminate the need for the individual to file all legal divorce papers. It simply means that the individual parties involved in the force are responsible for completing and submitting the papers themselves.

While it is not uncommon for individuals to represent themselves in legal cases, including divorce proceedings, a DIY divorce must certainly be approached with caution.. The practice of self representation in legal proceedings is known as ‘pro se’. People are traditionally interested in representing themselves in legal proceedings because it reduces, if not eliminates, their legal fees. However, particular types of divorces and certain marriage situations are particularly suitable for a DIY divorce, while others are not. The best conditions for a DIY Divorce include the following;

• When each of the parties mutually agree that a divorce is appropriate.
• The couple has no children below the age of majority.
• The value of shared assets is relatively low, and both parties are in agreement on how it should be divided.
• There is no history of abuse or intimidation.

Though a DIY divorce aims to reduce the need for legal advice or representation, a divorce is still very much a legal proceeding. It is important to remember that the rules surrounding divorce proceedings and divorce papers differ from region to region, and thus so do the rules relating to undertaking a DIY divorce. The interest in these types of divorce has increased in recent years as many parts of North America struggled through difficult economic times; a DIY divorce is particularly attractive to those individuals that are looking for an inexpensive dissolution of their marriage.

There are a number of online portals and resources that can provide individuals with the information and materials required to complete a DIY divorce in their region. A number of legal associations have argued that many people who attempt to conduct a DIY divorce and file their divorce papers themselves ultimately end up hiring a lawyer to fix all the mistakes they made. The primary downside of a DIY divorce and divorce papers is that the well-trained and experience legal insight of a divorce lawyer is almost entirely removed from the process. The task of completing divorce documents accurately can be incredibly daunting when attempting to complete and submit them without the help of a lawyer. Another aspect of a conducting a DIY divorce is that divorce proceedings become even more involved for the individuals, as the self-completion and self-submission of all required divorce papers is both complex and time consuming.

Divorce papers; the mere words can make people cringe.  Either through first hand knowledge, family relationships, or friendships, nearly everybody these days has been touched by divorce proceedings sometime in their life.  We all think we know what to expect, but the reality is that each divorce is as unique as the circumstances that brought it about.  Often clouded by biases, emotions, and intense feelings, it’s is difficult to get to the true story behind any divorce.  Have you ever talked to someone who boasted of a fair, equitable, and civil divorce?  Unlikely.  All too often the stories we here are those of pain, anger, and bitterness.  This website sets out to ‘set the record straight’ on divorce, to see through the rhetoric and bias to ultimately arm you with the most important commodity in any divorce proceeding: knowledge.  And we do it all for free!  So please, we encourage you to participate in the discussion by using the comments section, or by emailing us directly at mike@divorce-papers.net.

Onto the update.  With this post we’ll be examining a VERY important, arguably THE most important decision you will make in your divorce:  hiring the right lawyer.

Now, elsewhere on this site we provide knowledge you can use if you wish to attempt a DIY divorce, as well as information you’ll want to know before you go to a lawyer, but the reality is, at some point you are almost certain to have to spend at least some time and money with a hired professional.  I personally believe the legal profession suffers from a case of mistaken identity.  We’ve all heard the jokes about the slimy lawyers, and like any profession, law does attract a few unscrupulous characters.  But if my extensive experience with the legal system has taught me anything, it’s that most lawyers genuinely DO care about their job, and a great deal of them went into law in an effort to make the world a better place so to speak.  If you step back and think about it, I’d wager most of the horror stories you’ve heard about lawyers stem from people who went into the process expecting to get screwed, and more commonly, with expectations for a resolution that are completely unrealistic!  All too often the lawyer is blamed for a client’s unreasonable demands.  As well, we always hear of the lawyer who overcharges their client, but the reality is, in most divorce proceedings it is the inability of the parties involved to negotiate in a civil manner that results in the long drawn out process, and thus the onerous court costs.  Look, if you intend on filing divorce papers against your spouse, the first thing you need to do is clear your head of all the negative connotations you probably have about the divorce process, and secondly you have to set out a REASONABLE course of action with REALISTIC goals and a commitment to follow that course of action, and reach those goals, in a mature and civilized manner.

With that in mind, on to some ideas you’ll certainly want to think about when it’s time to go shopping for a lawyer:

1.  First things first, if you’re lucky you’ll never have to use a divorce lawyer….and if you do, you certainly hope it’s only once!  Secondly, many people feel embarrassed or ashamed that their marriage has failed, so they don’t exactly want to be asking everybody they know, “hey, do you know a good divorce lawyer?  I could really use one!”.  The point is, don’t worry if you don’t have a lawyer already in mind.  Most large cities or regions will have a database of family law lawyers you can browse, and with the digital age it can be as easy as spending some time on Google to get an idea of who’s out there.

2.  Lawyers as a breed are prone to specialization.  You’ll want to exploit this characteristic by finding a lawyer who is an expert in your particular situation.  Are you a father concerned about child custody rights?  In many cases you certainly should be, because while virtually every law on the books in any jurisdiction is written to be ‘gender neutral’, there is overwhelming statistical and anecdotal evidence to suggest that mothers get preferred treatment in custody battles.  Luckily for you, there are many lawyers who specialize in paternal rights.  On the flip side, there are also maternal rights specialists who are experts at defending mother’s in divorce proceedings.  Maybe you don’t have any children, but are worried about alimony or asset splitting, there are experts in those fields as well.

3.  Make sure you lawyer has all the necessary credentials and ‘letters after their name’ on the business card.  I’m being glib, but in all honesty you want someone who is respected within the community and has a track record of success and fair dealing.  As mentioned previously, with the proliferation of the Internet, much of this information can now be found online.  You’ll want to look for first hand accounts, reviews, and the like, before you commit to a lawyer.  Also search around to see what professional organizations they belong to, as well as if they are regularly publishing articles and other peer reviewed

This update has already run a little long, so I’ll end it here with a promise to pick the topic back up at a later date.  It’s such a vital topic that it probably deserves several posts, so I’ll get back to everybody ASAP with another update.

Check back soon on Divorce Papers for additional content…and be sure to join along in the comments section, offer up some ideas and I’d be happy to share my advice.

Divorce papers represent the formal beginning of a long and difficult process in your life. With this website we will walk you through the steps required when filing for divorce, as well as providing tips and suggestions along the way. Additionally, we provide, information on alternative paths available, such as divorce settlements, DIY divorce, and the difference between a legal separation and a divorce.

Are you concerned about the high financial costs associated with your divorce? You certainly should be. Divorce can be an extremely complex legal process, and in most cases this process is made even more difficult by the intense emotional feelings between the parties. It can be very difficult to maintain your focus throughout the proceedings while you attempt to understand the legal intricacies of the courts and deal with your emotions at the same time. Therefore it is highly suggested that at some point you refer to professional legal advice in the form of a family law attorney, but this can be VERY costly, and if money is an issue at all, you’ll want to have some background knowledge before you get legal help.

Lawyers typically will charge you based on an ‘hourly rate’. For simple matters they will usually offer a flat fee, but a contested divorce is rarely simple. Believe it or not, the national average for a billing rate is $285 per hour and can range upwards of $1000/hr, so you certainly want to keep your time spent with a lawyer at a minimum. You can save an incredible amount of time (and money) with the lawyer if you go into the first meeting ‘prepared’ with a solid idea of want you want to accomplish and an understanding of what needs to be done to reach that goal.

The decision to file divorce papers against your spouse is an intensely personal choice, often made all the more difficult by the presence of children in the relationship. It is very difficult to provide anybody with advice on ‘if’ they should proceed with divorce, as it is impossible for an outsider to fully understand the relationship between a married couple. However, once the decision to divorce has been made, it is very important that you educate yourself on the relevant laws and proceedings and work as hard as possible to separate your emotions from logically approaching the issue. A divorce is often the biggest financial event in a person’s life, even larger than buying a house or deciding on a career path, yet all too often people go into the process knowing next to nothing about what to expect, and the result is often unrealistic expectations for an outcome. Combine these unrealistic expectations with intense emotions and you have the recipe for a long, drawn out legal affair that can cost into the tens of thousands of dollars and beyond. An unwillingness to be reasonable can often lead to an end result that leaves both parties worse off due to massive legal costs.

Once you decide to file divorce papers against your spouse, the first step you need to take is to educate yourself. That means familiarizing yourself with your state laws, what is the legal process like? Does your state allow for legal separation? If children are involved how does your state deal with alimony and custody rights? You can search either online or at the local library and you will be able to find lots of great information. Searching for recent rulings and case examples of situations similar to yours can provide context and clarity on what to expect as a final outcome. Getting familiar with the norms for legal costs in your region will give you an idea of what you can expect to spend on the divorce; is it worth it from a financial perspective to launch a long and drawn out legal war with your former spouse? Elsewhere on the site, we will explore these questions in greater depth, and go into some specific examples you can take advantage of.