Divorce Tips and Information
THE ANATOMY OF DIVORCE
Divorce is most often a long and tedious
process usually lasting six months to one year. If you’re lucky,
you and your spouse will agree to all terms and enter into a
Consent Decree sixty days from the date of filing. Most of you
will not be lucky and your divorce will look something like
this:
• Divorce/Dissolution of Marriage
• Petition for Dissolution
• Temporary Orders
• Preliminary Injunction
• Service of
Process/Summons
• Default Judgment
• Discovery Process
•
Spousal Maintenance (i.e. Alimony)
• Property Division/Community
Property
• Reconciliation Request
• Consent Decree/Marital
Settlement Agreement
• Trial
• Decree of Dissolution
• Final
Judgment
DO'S AND DONT'S
Here are some things to consider during the pendency of the
litigation: word to the wise: maintain control over the proceedings.
Communicate as much as possible with your spouse, no matter how much
you hate them! The last thing you should want is a trial where a judge
who has barely met you will decide the most important decisions of
your life in three hours or less.
DO'S
DO decide that divorce is what you want and not
mediation, reconciliation or marriage counseling, all of which might
be better choices. Divorce should be your last resort and you should
consult with DROBAN & COMPANY, PC before having the conversation with
your spouse.
DO establish Temporary Orders immediately. This
document is filed with the original petition and will get you into
court faster, establish Child Support, Child Custody and visitation,
as well as divide community assets and debts during your Divorce
proceeding.
DO comply with all terms and conditions of
existing court orders until the Decree and/or Temporary Orders can be
modified.
DO plan a budget prior to filing for divorce and
ensure that you have viable, sustainable resources during the pendency
of the divorce proceedings. Download the Affidavit of Financial
Information available on this site and estimate your potential
earnings and expenses. This will help you plan for spousal maintenance
and child support and make realistic adjustments to your expenditures.
Make sure you know how much money exists in every account that you and
your spouse hold jointly.
DO make copies of all important documents like
Deeds, mortgage papers, credit card statements and property
information.
DO obtain your own P.O. Box where you can receive
all mail personally without interference.
DONT'S
DON’T open up separate bank accounts and move
assets after filing because you are concerned that you will be left
without financial resources. Legal Fees are NOT considered “community
waste” and may be drawn from a joint checking account. All funds are
community property and you will wind up reimbursing the community or
being held in contempt for violating a Preliminary Injunction.
DON’T deviate from court orders; you will likely
be found in contempt of court.
DON’T obtain an Order of Protection in lieu of
Temporary Orders just to expedite the judicial process; Orders of
Protection should be obtained sparingly and in situations of real
crisis. Unwarranted Orders of Protection will necessarily prolong the
divorce proceedings, complicate visitation and create animosity
between the parties.
The Most Heavily Litigated Issue . . .
SPOUSAL MAINTENANCE (i.e. Alimony)
Contrary to popular belief, spousal maintenance is not designed to
be punitive. Rather it’s meant to be “rehabilitative” and to assist
the spouse in the transition toward his/her independence. Spousal
maintenance is determined by a number of factors some of which are
included here for reference:
• A spouse’s inability to
work due to the age of the child/children
• A spouse’s lack of
employable skills
• Length of the marriage, age of the spouse,
and/or a disability
• Whether the spouse contributed (to his/her
detriment) to the education and/or employment opportunities of the
spouse.
• Both spouses future earning capacities
• Standard of
living during the marriage
• The ability of the spouse providing
the support to maintain their standard of living while paying out
spousal maintenance
• Whether either spouse destroyed, wasted,
concealed, or gave away any Community Property
• The comparative
earning abilities of each spouse
• The physical and emotional
condition of each spouse
• The educational/ vocational skills
possessed by the spouse seeking Maintenance
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