rache
One Post Wonder
Posts: 1
Sept 29, 2020 9:06:07 GMT
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Post by rache on Sept 29, 2020 10:41:35 GMT
Well, to cut a long story short, my marriage is on a verge of a divorce. We have been through a therapy together, it didn't work, we tried to manage our relationship ourselves, but all we came to was a bitter resentment of living together. I really respect my husband, he is a wonderful person and a great friend, however that's not enough to run a family together. I know that he feels the same (as he has already said that a couple of times) and I realize that I just want to love and be loved by another man (and not just a friend to me). So we decided to get a divorce, however there occured a problem, as divorce lawyers we attended wanted $175 hourly as the cheapest. That is not the price we could afford and my husband suggested to file a divorce without a lawyer. As I was the person, who initiated a divorce, I downloaded forms from www.familycourt.org/main/inside.php?page=forms and was literally lost with all the paperwork. My point is to go with a self-representation during a divorce, however I hesitate about filling out and I have nobody to ask. Would appreciate any hint on how to proceed with a diy divorce.
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Post by christine58 on Sept 29, 2020 12:29:27 GMT
Get a lawyer....don't get screwed over.
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DEX
Pearl Clutcher
Posts: 3,354
Aug 9, 2014 23:13:22 GMT
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Post by DEX on Sept 29, 2020 12:29:27 GMT
I would strongly advise against doing a DIY divorce. There are so many things to consider including health insurance, pensions, house, kids, etc. If you are looking for a less expensive way to get a divorce you might consider using arbitration. It is less expensive and covers most of the issues I listed above and more. I know it seems daunting and expensive right now but, believe me, you don't want to find yourself 30 years down the road and ready to retire and realize that you don't have enough money due to the divorce. Also, women's standard of living decreases following a divorce whereas a man's increases. I urge you not to do a DIY divorce, no matter how expensive. Best of luck to you. It is hard. I have been there and I fought tooth and nail for everything when I got divorced and I am glad I did.
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rickmer
Pearl Clutcher
Posts: 4,123
Jul 1, 2014 20:20:18 GMT
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Post by rickmer on Sept 29, 2020 12:35:16 GMT
i wouldn't give any advice because i just wouldn't do it. is there anyway you can get legal aid of some sort?
my ex was angry at first and told me how it was going to be. then when i pushed back a bit, he because even angrier because i wanted a say. all of sudden, he was like "let's work this out, trust me" (i can actually hear snake in the jungle book in my head as i type that). he wanted to keep the lawyers out of it, we can work this out without spending all that money. i would be swayed... then talk to my lawyer.
i made a long drawn out ridiculous situation even more drawn out by listening to him. i should have just listened to my lawyer from day one and got it done.
i would try to find some kind of legal aid and explain "there is no ill will here, we just want it down as fairly as possible". a good lawyer will respect that.
i am sorry you are going through this - it is terribly painful in any circumstance. i didn't provide you with what you asked for, but if you were a friend, that is exactly what i would tell you.
best of luck... it does get better.
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Deleted
Posts: 0
Apr 24, 2024 20:11:11 GMT
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Post by Deleted on Sept 29, 2020 12:58:53 GMT
I agree with getting a lawyer. Having been through a divorce many years ago, it saved me from financial ruin.
Good luck and take care of yourself.
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keithurbanlovinpea
Pearl Clutcher
Flowing with the go...
Posts: 4,254
Jun 29, 2014 3:29:30 GMT
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Post by keithurbanlovinpea on Sept 29, 2020 13:11:15 GMT
Honestly, I would not do a DIY divorce. It is expensive, but shop around and find an attorney who may be willing to work with you on a sliding scale. There is a ton of paperwork to be filed and you want it all to be on the up and up
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Post by annaintx on Sept 29, 2020 13:12:41 GMT
There should be some sort of legal aid where you live, I would highly recommend that. Even if you two are amicable, that can change instantly once you start dividing stuff up, including pensions/retirement, that kind of thing.
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Post by Mel on Sept 29, 2020 13:20:38 GMT
I'm in the "go ahead and try it" camp which seems unpopular. We did our own. You will still have to go before a judge, and he will still ultimately decide if the terms you have set are acceptable and "fair". Our judge had issue with our financial arrangement. I felt guilty asking the going rate for child care for several reasons, but the judge said that he had to pay at least that, if not more (it's determined by income). We did have to do a mediation appointment to fulfill his requirements because we had school-aged kids. We had already agreed to (401K) retirement, etc.
IF your divorce is amicable, there's no real reason to get a lawyer. Unless you are worried about DH hiding assets or taking what should be/is yours. Put EVERYTHING in writing. He agrees to XYZ, you agree to XYZ, etc. Once the judge signs off, that is a legal document and if one of you renigs on your agreement, you can always go back to court. If you are nervous or worried, I agree with the others who say hire an arbitrator. You could use one person, no need for his & hers.
Good Luck!!
ETA- one of my BFFs just went through a divorce and DIY'd too. She told her DH that she just wanted out, he could have the house, his pension (he is a vet), his 401K, etc. The judge said "Nope" and he had to provide financial info. She ended up with 1/2 his 401K, and a portion of his retirement, and if he sells the house, she gets 1/2 of that too. Ex-H was not happy and she felt a little guilty about it (they were married over 25 yrs and she had stayed home to raise kids).
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peaname
Pearl Clutcher
Posts: 3,389
Aug 16, 2014 23:15:53 GMT
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Post by peaname on Sept 29, 2020 13:46:46 GMT
I'm sorry to hear this. You know your ex best, how has he handled major life change in the past, is there any chance at all it could turn ugly? I would absolutely try mediation or DIY with my DH because he has a history of resolving conflict with compromise, never talks badly about any of his exes and does not hold a grudge but dang I know most people are not like that. When we are hurt we often try to hurt others and this is one situation where you can end up screwed. I've seen such good advice here on getting your ducks in a row; make sure you do that!
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Post by librarylady on Sept 29, 2020 13:55:40 GMT
Any children involved? Then you MUST/SHOULD get an attorney. If your marriage was of any length (past 10 years) you should get an attorney.
I know of only 1 couple who did a DIY divorce....but then ended up using the same attorney, or the same attorney looked over what they were presenting to the court. They had a home and a lake home. Sold both and split the money 50/50. She became angry because they had agreed that neither would remarry until the property was sold (to prevent another person in the mix). He did not do that. He wanted to sell the lake house for next to nothing. She took over selling the lake house and got $20,000 more for it. This was in the early 1970s.
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Post by tc on Sept 29, 2020 14:27:08 GMT
This is just my experience. When I got divorced, we were both in the same emotional place at the same time. We both realized there was no salvaging the relationship and we both wanted out. No kids so that made it a little easier. I still went and got a lawyer because I didn't want anything to come back and bite me in another 10 or 15 years. I had worked consistently throughout our marriage and he kept getting fired from one job or another. I was worried I'd have to pay to support him and give him a portion of my retirement and I wasn't sure I could support two different households on my salary. The lawyer is there to make sure your interests are protected. There were two different fee structures for my lawyer. One was for an uncontested divorce. It was a flat rate to file, have my ex served, expenses, and a couple of appointments to make sure everything was handled. Still expensive, but I was paying for his expertise and I knew it. For a contested divorce, there was a retainer plus an hourly expense. He told me the average cost of a contested divorce is about 3x the amount of an uncontested divorce. There got to a point right towards the end that I feared we were going to go contested and I was worried where I was going to come up with the money. My ex made the statement about, "I didn't realize you had that much money in your 401k." and then went out and hired a lawyer. But the lawyer just reviewed the paperwork, told my ex it was fair, and we filed. Whew! It turned out since I was taking on the burden of the debt of the house (we'd been in it less than 2 years), that I got to keep the entirety of my 401k.
And - even with all that - 7 years later when I went to sell the house - something still hadn't been taken care of properly and we were going to have to hunt my ex down and have him sign off on some stuff. They eventually were able to take care of it without having to go to that step. But - I can't imagine how much worse it would have been for me if I'd been the one filling out all the paperwork.
My advice? Find a way to hire a lawyer or at least an arbitrator.
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Post by Lexica on Sept 29, 2020 14:38:54 GMT
I agree that there are so many things that could be left out or go wrong if you try to do your divorce totally by yourself. Can you prepare the bulk of the paperwork to the best of your ability and then share one attorney to look it over for you? That shouldn't cost too much and would be worth every penny. I would call around to set something up and then start filling out the paperwork. Come back and ask here if something stumps you and we can try to guide you. Just make sure you have a legitimate attorney review everything before filing.
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Post by papercrafteradvocate on Sept 29, 2020 15:15:34 GMT
Lawyers can be worth their weight in gold. Don’t skimp, your future depends on it.
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Post by lily on Sept 29, 2020 15:48:13 GMT
My cousin and his wife just did a 'dissolution' and he said it was cheaper and faster (theirs was amicable)
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Post by sleepingbooty on Sept 29, 2020 15:52:16 GMT
The lawyer is an investment, not a loss. I would advise against skipping hiring one if your lives are well intertwined and there are important matters to settle fairly such as retirement funds, health insurance (especially in the US), home ownership, etc.
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julie5
Pearl Clutcher
Posts: 3,611
Jul 11, 2018 15:20:45 GMT
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Post by julie5 on Sept 29, 2020 15:58:54 GMT
My 2nd divorce was a diy. We were married 4 years, no kids and absolutely no assets. We filed the paperwork at the courthouse and did a mediation through the court. Basically we agreed to take what was brought into the marriage (my stuff is mine his stuff was his) and any debt accrued stayed with the person who accrued it (which was to his detriment because he liked spending money we didn’t have).
Like o said though, we had nothing. Not even $4 in the bank. So there was nothing to split. So I would only go that route under those circumstances.
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scorpeao
Pearl Clutcher
Posts: 4,521
Location: NorCal USA
Jun 25, 2014 21:04:54 GMT
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Post by scorpeao on Sept 29, 2020 16:04:41 GMT
My ex and I used a paralegal who did all the paperwork for us. It was $300. We weren't fighting over anything, and we were very fair about splitting things up.
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scrapngranny
Pearl Clutcher
Only slightly senile
Posts: 4,759
Jun 25, 2014 23:21:30 GMT
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Post by scrapngranny on Sept 29, 2020 16:54:39 GMT
You can use a paralegal. They can’t give you any advice, only fill the paperwork with the information you provide.
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Post by peanutterbutter on Sept 29, 2020 17:37:55 GMT
If you both are pretty much in agreement, the lawyer won't cost you all that much it will be pretty cut-and-dry for might be well worth it to be sure everything is done correctly. It's when things are contentious that the lawyer fees really add up.
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scrappert
Prolific Pea
RefuPea #2956
Posts: 7,743
Location: Milwaukee, WI area
Member is Online
Jul 11, 2014 21:20:09 GMT
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Post by scrappert on Sept 29, 2020 17:42:24 GMT
We did our own, but we didn't have much to bicker about. Our son was grown, so no custody battle. We both made the same amount and had the same in retirement. For us, this was the best, cheapest and easier way to go. I know that is not the norm for other divorces.
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Post by Neisey on Sept 29, 2020 17:51:59 GMT
I used an online package for my province and completed the entire separation agreement myself which was then reviewed by both of our lawyers which helped keep costs down. We were amicable and had discussed support, custody, pensions, him buying out my portion of the home, etc. so our lawyers had very few suggestions for edits or additions. Obviously, if you have a contentious split this is not going to work but for our straight forward situation we were able to come out with the same end product for very little money.
Good luck!
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Post by hop2 on Sept 29, 2020 18:00:03 GMT
We had a mediator as opposed to 2 separate lawyers. It was cheaper. And the mediator really did try to keep either one of us from running off track with unusual things. He laid out the state laws/normal formulas for alimony to my ex Which set ex straight and he reeled me in when I was freaking out about moving.
He met with us both together and separately and let us know if we were off track from the state Law expected Formulas or the usual process. He took me aside when he felt I was ‘giving up too much’ and he took Ex aside when he was being an ass.
In the end we came to an agreement and it was much less than paying for a lawyer for each of us and arguing about it.
This was not a court ordered mediator, those come later when your 2 expensive divorce lawyers can’t reach an agreement. But a certified divorce mediator that we privately hired
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ddly
Pearl Clutcher
Posts: 3,946
Jul 10, 2014 19:36:28 GMT
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Post by ddly on Sept 29, 2020 21:10:14 GMT
I did this but it was amicable and I wrote the divorce agreement. We never had to appear before the judge.
My kids were 18 and 20. I kept the house and he was suppose to pay a certain amount every month. He stopped and I let it go until it totaled a lot and gave him the choice of court or he could sign a quit claim deed. It’s my house now.
We still get along. We knew we weren’t working and while his leaving was a surprise, it made my life so much better.
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Post by peasapie on Sept 29, 2020 21:24:08 GMT
You should at least use a lawyer to create a marriage settlement agreement. They know their stuff and there are many issues that you may regret later if you don't. $175/hour is quite low around here.
Then you can actually file the paperwork yourself. Most states have a system for you to do that, and it is a minimal price.
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Post by papersilly on Sept 29, 2020 21:33:18 GMT
if this is truly an AMICABLE divorce and everyone is in agreement about the terms, maybe you can use a paralegal to complete your paperwork. again, only if it is truly mutual, amicable, and agreeable. if there is even a hint that you may disagree on important things, get a lawyer.
i think and hourly rate of $175/hr is super cheap. my sister's lawyer was $500/hour and many many hours were involved. her divorce was amicable but there was property and a child involved. that added layer of protection for her made it worth every penny though.
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Post by kraft4fun on Sept 29, 2020 21:51:09 GMT
Oct 2004 now ex decided he didn't want to be married anymore. I found a new place to live the next day and the girls and I (13, 14, 16) started packing. Well low and behold he hadn't though before opening his mouth and ended up moving with us... I told him straight off and printed all the forms... child support is x per month for 3 in FL based on his income... I expected that and half of all expenses (rent/utilities/groceries/sports) if he was going with us, and after me moves out he still needs to pay the child support and half of all school expenses and sports until graduation from high school. He agreed. He moved out March 2005, August 2005 we signed divorce papers with notary (on our 18th wedding anniversary no less), court was set for November, but Hurricane Wilma in October had other plans, moved to December... went to court... just wanted us to speak to mediator, agreement was come to and divorce was final that afternoon. I did not want anything from him other than support for the girls... I was entitled to alimony and a portion of his pension, but I did not want to be tied to him like that. I moved when my youngest turned 18, she and oldest moved in with him at that point (their choice since I was moving an hour away. He in turn gave her the cash that I would have received had I stayed. No problem. If amicable, it can happen without bringing in attorneys. I did a lot of research and reading as far as rights for myself, him, our kids. We are both remarried to others now, and we are both happy, only see each other if it is something for the grands or our daughters and that is fine with us. OH, and because of my income based on his, only cost was $160 for the mediator, which he had to pay for.
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krantz
New Member
Posts: 2
Oct 6, 2020 8:56:11 GMT
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Post by krantz on Oct 6, 2020 9:58:17 GMT
Well, to cut a long story short, my marriage is on a verge of a divorce. We have been through a therapy together, it didn't work, we tried to manage our relationship ourselves, but all we came to was a bitter resentment of living together. I really respect my husband, he is a wonderful person and a great friend, however that's not enough to run a family together. I know that he feels the same (as he has already said that a couple of times) and I realize that I just want to love and be loved by another man (and not just a friend to me). So we decided to get a divorce, however there occured a problem, as divorce lawyers we attended wanted $175 hourly as the cheapest. That is not the price we could afford and my husband suggested to file a divorce without a lawyer. As I was the person, who initiated a divorce, I downloaded forms from www.familycourt.org/main/inside.php?page=forms and was literally lost with all the paperwork. My point is to go with a self-representation during a divorce, however I hesitate about filling out and I have nobody to ask. Would appreciate any hint on how to proceed with a diy divorce. I could say that a divorce is pretty harsh, no matter whether you do it with or without a lawyer. I have been through a nasty divorce with a 2-years long court battles and being exhausted because of my ex's being rude and extremely unwilling to cooperate. He wanted literally 50/50 property division and 50/50 custody, despite the fact that such thing would be traumatizing for our son. After the divorce was finalized, I felt like I would never get married again, as my loving and caring husband turned into greedy and respectless ....hmm...person. Anyway it's not my story and your divorce could absolutely differ. I would strongly recommend to come to a written agreement if you still want to have a diy divorce. Here I have found some useful resources related to low-cost legal aid and if you need some help with documents, I heard that people use services to have your papers filed, just look for divorce in Louisiana without a lawyer and may be that would be suitable for you. Best of luck with your divorce!
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joeymoser
One Post Wonder
Posts: 1
Oct 6, 2020 9:54:25 GMT
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Post by joeymoser on Oct 6, 2020 10:18:09 GMT
Well, to cut a long story short, my marriage is on a verge of a divorce. We have been through a therapy together, it didn't work, we tried to manage our relationship ourselves, but all we came to was a bitter resentment of living together. I really respect my husband, he is a wonderful person and a great friend, however that's not enough to run a family together. I know that he feels the same (as he has already said that a couple of times) and I realize that I just want to love and be loved by another man (and not just a friend to me). So we decided to get a divorce, however there occured a problem, as divorce lawyers we attended wanted $175 hourly as the cheapest. That is not the price we could afford and my husband suggested to file a divorce without a lawyer. As I was the person, who initiated a divorce, I downloaded forms from www.familycourt.org/main/inside.php?page=forms and was literally lost with all the paperwork. My point is to go with a self-representation during a divorce, however I hesitate about filling out and I have nobody to ask. Would appreciate any hint on how to proceed with a diy divorce. I could say that a divorce is pretty harsh, no matter whether you do it with or without a lawyer. I have been through a nasty divorce with a 2-years long court battles and being exhausted because of my ex's being rude and extremely unwilling to cooperate. He wanted literally 50/50 property division and 50/50 custody, despite the fact that such thing would be traumatizing for our son. After the divorce was finalized, I felt like I would never get married again, as my loving and caring husband turned into greedy and respectless ....hmm...person. Anyway it's not my story and your divorce could absolutely differ. I would strongly recommend to come to a written agreement if you still want to have a diy divorce. Here I have found some useful resources related to low-cost legal aid and if you need some help with documents, I heard that people use services to have your papers filed, just look for divorce in Louisiana without a lawyer and may be that would be suitable for you. Best of luck with your divorce! By the way, I also have something to say about a divorce without a lawyer. My husband and I had an agreed divorce, and the decision to dissolve the marriage was absolutely mutual. In addition, we wanted to save some money on a therapist for our daughter, since our support during this period will not be enough for her. And yeah, we did it! We filed a divorce without any problems. And our daughter was able to quickly recover from our divorce. Now she sees her dad every weekend and doesn't suffer from the fact that he no longer lives with us. Therefore, I can only say one thing - always build on your financial capabilities and your relationship with your partner. Once you can analyze this, you can find the best way for your family to get a divorce.
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Post by Really Red on Oct 6, 2020 11:20:38 GMT
My divorce cost about $3K for the divorce and an additional $2.5K to separate out our retirement. This is absolutely NOT money I regret. I know you may not have it, but here is what the problem is: NOT NOW. The problem is later on. I would never have thought my ex would cheat me with money. He was absolutely NOT that kind of person. But he had a stroke young and went on LTD. He can't remember why he signed papers and doesn't feel like I should be expecting the same amount of child support (I didn't take spousal support against my lawyer's recommendation). He is confused and if I didn't have my divorce decree, I'd be getting no money.
My point is: You can agree on everything today, but things change. Your ex may find someone who disagrees with what he is giving you and fight the decree in some ways. If it's not rock solid, that may be an issue. You don't know the future. My ex was extremely healthy - no refined sugars passed his mouth - and exercised daily. BMI of 21 and in his 50s. He had aFib and a .02% (not 2% - .02!) of having a stroke. And he did.
Please find the money to pay someone to do it correctly.
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Post by ktdoesntscrap on Oct 6, 2020 14:03:03 GMT
My ex didn't hire a lawyer and then took me back to court a few years later. Nobody won then but tens of thousands of dollars to a lawyer. He now owes over 100K in back child support.
My only advice is whether you use one or not.. go talk to a couple first. Hear what they have to say and make an informed decision about whether to use one or noth.
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