Authors: Brette Sember
ISBN-13: 9780071429610, ISBN-10: 0071429611
Format: Paperback
Publisher: McGraw-Hill Companies, The
Date Published: May 2004
Edition: (Non-applicable)
Brette McWhorter Sember (Buffalo, NY)
is a former matrimonial attorney, an author,
and a trained and experienced divorce and
family mediator.
Everything you need to take charge of your divorce and get what you deserve
Divorce is overwhelming enough without having to deal with the financial, personal, and legal paperwork. When you are organized, you feel more confident, and you are more likely to get what you want. The Divorce Organizer and Planner is your guide to managing your divorce and getting what you wantwhile keeping your legal expenses to a minimum. Written by a family attorney with years of experience helping people navigate the divorce process, this book empowers you with the knowledge and tools you need to take control of your divorce.
The Divorce Organizer and Planner arms you with dozens of worksheets, logs, checklists, and expert advice and explanations that will help you create a complete, accessible record of absolutely everything you'll need to confidently tackle the legal, emotional, and financial aspects of divorce.
You'll discover how to:
Providing everything you need to know to handle your divorce in a careful way, The Divorce Organizer and Planner will make a huge difference in the way you feel, the expenses you incur, and what you walk away with in the end.
Brette McWhorter Sember is a former matrimonial attorney and an experienced divorce and family mediator. A prolific self-help author specializing in making the law accessible to everyone, she has written fourteen books as well as numerous articles appearing in more than 140 publications, including Divorce magazine, and at MyCounsel.com and Lawyers.com.
Brette McWhorter Sember (Buffalo, NY)
is a former matrimonial attorney, an author,
and a trained and experienced divorce and
family mediator.
Acknowledgments | xi | |
Introduction | xiii | |
1 | Getting and Staying Organized | 1 |
Dealing with Emotions | 1 | |
Deciding What You Want | 2 | |
Developing an Organizational System | 2 | |
Keeping a Calendar | 3 | |
Using To-Do Lists | 5 | |
Managing Documents | 7 | |
Other General Organizational Tips | 9 | |
To-Do List | 11 | |
2 | Protecting Yourself | 13 |
Dealing with Money | 13 | |
The Home | 17 | |
Wills | 20 | |
Powers of Attorney | 21 | |
Health Care Directives | 21 | |
Your Physical Safety | 21 | |
Safe-Deposit Box Inventory | 23 | |
Household Belongings Inventory | 24 | |
Self-Protection Checklist | 25 | |
3 | Working with an Attorney and Other Professionals | 27 |
Finding an Attorney | 27 | |
Questions to Ask an Attorney | 28 | |
Understanding What Your Attorney Needs from You | 30 | |
Working with Your Attorney | 31 | |
Organizing Paperwork from Your Attorney | 33 | |
Phone Calls with Professionals | 33 | |
Paying Your Attorney | 33 | |
Affording Your Attorney | 34 | |
Other Professionals Who May Be Involved with Your Case | 34 | |
Questions and Issues to Discuss with Your Attorney | 38 | |
Phone Call Log | 39 | |
Master List of Contact Information | 40 | |
4 | Ways to End Your Marriage | 41 |
Residency | 41 | |
Grounds | 41 | |
Annulment | 44 | |
Legal Separation | 44 | |
Remaining Married | 45 | |
Ending a Common-Law Marriage | 45 | |
5 | Step-by-Step Through Your Divorce | 47 |
The System and the Way It Works | 47 | |
Court Papers | 50 | |
Appearing in Court | 51 | |
6 | Settlement Options | 57 |
Mediation | 57 | |
Arbitration | 61 | |
Collaborative Law | 61 | |
Settlements | 62 | |
7 | Gathering Household and Personal Documents | 63 |
How to Gather Documents | 64 | |
Working with Your Spouse | 64 | |
When You Can't Get Certain Documents | 65 | |
Organizing Documents | 65 | |
Analyzing Documents | 66 | |
Checklist of Documents to Gather | 67 | |
8 | Documenting Your Income and Living Expenses | 71 |
How to Document Expenses | 71 | |
Creating a Budget | 73 | |
Income Log | 74 | |
Expense Log | 75 | |
Monthly Budget | 76 | |
Unresolved Joint Expenses | 79 | |
9 | Large Assets | 81 |
Separate Versus Marital Property | 81 | |
Understanding Nonconcrete Assets | 82 | |
How Large Assets Are Divided | 83 | |
Finding Large Assets | 83 | |
Finding Hidden Assets | 83 | |
Types of Large Assets | 84 | |
Contribution to Separate Asset | 86 | |
Large Asset Separate Property Log | 87 | |
List of Large Joint Assets | 88 | |
10 | Documenting Debts | 89 |
Separate and Marital Debts | 89 | |
Organizing Your Debt | 89 | |
List of Spouse's Separate Debts | 91 | |
List of Joint Debts | 92 | |
11 | Reaching Settlements and Dividing Household Belongings | 93 |
Negotiating Settlements | 93 | |
Dividing Household Items | 95 | |
Appraising Items | 97 | |
Disputed Items | 97 | |
Settlement List | 99 | |
Separate Property Items | 100 | |
Items Taken Without Agreement | 101 | |
Agreed-Upon Items to Divide | 102 | |
Disputed Items to Divide | 103 | |
12 | Child Support | 105 |
Purpose of Child Support | 105 | |
Temporary Child Support | 106 | |
Calculating Child Support | 106 | |
Other Child Support Amounts | 107 | |
How Child Support Is Paid | 108 | |
Tracking Child Support Payments | 108 | |
Due Dates | 109 | |
Nonpayment | 109 | |
Adjusting Child Support | 109 | |
Children's Expenses | 110 | |
Children's Uninsured Health Expenses | 112 | |
Child Support Receipts | 113 | |
Child Support Payment Log | 114 | |
13 | Alimony | 115 |
How Alimony Is Awarded | 115 | |
Seeking Alimony | 116 | |
Alimony Rules and Regulations | 117 | |
Tracking Alimony | 117 | |
Medical Insurance | 118 | |
Alimony Worksheet | 119 | |
Alimony Receipts | 121 | |
Alimony Payment Log | 122 | |
14 | Custody and Visitation | 123 |
Tips for Avoiding a Custody Trial | 124 | |
Thinking About Custody and Visitation | 125 | |
Creating an Accurate Visitation Record | 126 | |
Documenting Shared Custody | 128 | |
Monitoring Your Children's Responses to Visitation | 128 | |
Children's Preferences | 129 | |
Grandparent Visitation | 130 | |
Children's Reactions Log | 131 | |
Grandparent Visitation Log | 132 | |
15 | Witnesses and Evidence | 133 |
Why You Need Witnesses | 133 | |
Types of Witnesses to Find | 134 | |
Subject Matter for Witness Testimony | 135 | |
Preparing a Witness List | 137 | |
Being Your Own Witness | 138 | |
Preparing for Your Spouse's Witnesses | 139 | |
Physical Evidence | 139 | |
How to Find Evidence | 142 | |
List of Possible Witnesses | 143 | |
Witness Worksheet | 144 | |
Notes for Your Testimony | 145 | |
Cross-Examination Notes | 147 | |
Physical Evidence List | 148 | |
16 | Custody Trials | 149 |
Documenting the Past | 149 | |
Documenting Your Own Parenting Abilities | 150 | |
Focusing on the Other Parent's Faults | 151 | |
Parenting Classes | 152 | |
Keeping Your Kids Out of It | 152 | |
Siblings and Half Siblings | 153 | |
Child Care Checklist | 154 | |
Spouse's Parenting Abilities | 157 | |
Parenting Journal | 158 | |
17 | It's All Over! Now What? | 159 |
Changing Your Name | 159 | |
Updating Your Insurance | 160 | |
Protecting Your Credit | 161 | |
Dividing Assets | 161 | |
Leases | 162 | |
Your Will | 162 | |
Health Care Directives | 162 | |
Wedding and Relationship Mementos | 163 | |
Coping with Your Feelings | 163 | |
Continuing to Track Payments | 163 | |
Maintaining Your Household | 164 | |
Managing Finances | 165 | |
Important Documents for Your Child | 165 | |
Receipts for Property Distribution | 167 | |
Ongoing Child Support Log | 168 | |
Child Support Receipts | 169 | |
Ongoing Alimony Log | 170 | |
Alimony Receipts | 171 | |
Appendix | Resources | 173 |
Index | 181 |