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The Divorce Organizer and Planner »

Book cover image of The Divorce Organizer and Planner by Brette Sember

Authors: Brette Sember
ISBN-13: 9780071429610, ISBN-10: 0071429611
Format: Paperback
Publisher: McGraw-Hill Companies, The
Date Published: May 2004
Edition: (Non-applicable)

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Author Biography: Brette Sember

Brette McWhorter Sember (Buffalo, NY)

is a former matrimonial attorney, an author,

and a trained and experienced divorce and

family mediator.

Book Synopsis

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 want—while 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:

  • Find and work with an attorney who's right for you
  • Learn how to choose and work with a mediator
  • Gather and organize important information on property, investments, accounts, debts, insurance, and household expenses
  • Keep clear records of alimony, child support, and children's expenses
  • Develop a personal property inventory, a budget, and a wish list for property division
  • Decide what you want and what you need from the marital assets
  • Successfully negotiate with your spouse and keep stress to a minimum
  • Get the biggest bang for your legal buck

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.

Table of Contents

Acknowledgmentsxi
Introductionxiii
1Getting and Staying Organized1
Dealing with Emotions1
Deciding What You Want2
Developing an Organizational System2
Keeping a Calendar3
Using To-Do Lists5
Managing Documents7
Other General Organizational Tips9
To-Do List11
2Protecting Yourself13
Dealing with Money13
The Home17
Wills20
Powers of Attorney21
Health Care Directives21
Your Physical Safety21
Safe-Deposit Box Inventory23
Household Belongings Inventory24
Self-Protection Checklist25
3Working with an Attorney and Other Professionals27
Finding an Attorney27
Questions to Ask an Attorney28
Understanding What Your Attorney Needs from You30
Working with Your Attorney31
Organizing Paperwork from Your Attorney33
Phone Calls with Professionals33
Paying Your Attorney33
Affording Your Attorney34
Other Professionals Who May Be Involved with Your Case34
Questions and Issues to Discuss with Your Attorney38
Phone Call Log39
Master List of Contact Information40
4Ways to End Your Marriage41
Residency41
Grounds41
Annulment44
Legal Separation44
Remaining Married45
Ending a Common-Law Marriage45
5Step-by-Step Through Your Divorce47
The System and the Way It Works47
Court Papers50
Appearing in Court51
6Settlement Options57
Mediation57
Arbitration61
Collaborative Law61
Settlements62
7Gathering Household and Personal Documents63
How to Gather Documents64
Working with Your Spouse64
When You Can't Get Certain Documents65
Organizing Documents65
Analyzing Documents66
Checklist of Documents to Gather67
8Documenting Your Income and Living Expenses71
How to Document Expenses71
Creating a Budget73
Income Log74
Expense Log75
Monthly Budget76
Unresolved Joint Expenses79
9Large Assets81
Separate Versus Marital Property81
Understanding Nonconcrete Assets82
How Large Assets Are Divided83
Finding Large Assets83
Finding Hidden Assets83
Types of Large Assets84
Contribution to Separate Asset86
Large Asset Separate Property Log87
List of Large Joint Assets88
10Documenting Debts89
Separate and Marital Debts89
Organizing Your Debt89
List of Spouse's Separate Debts91
List of Joint Debts92
11Reaching Settlements and Dividing Household Belongings93
Negotiating Settlements93
Dividing Household Items95
Appraising Items97
Disputed Items97
Settlement List99
Separate Property Items100
Items Taken Without Agreement101
Agreed-Upon Items to Divide102
Disputed Items to Divide103
12Child Support105
Purpose of Child Support105
Temporary Child Support106
Calculating Child Support106
Other Child Support Amounts107
How Child Support Is Paid108
Tracking Child Support Payments108
Due Dates109
Nonpayment109
Adjusting Child Support109
Children's Expenses110
Children's Uninsured Health Expenses112
Child Support Receipts113
Child Support Payment Log114
13Alimony115
How Alimony Is Awarded115
Seeking Alimony116
Alimony Rules and Regulations117
Tracking Alimony117
Medical Insurance118
Alimony Worksheet119
Alimony Receipts121
Alimony Payment Log122
14Custody and Visitation123
Tips for Avoiding a Custody Trial124
Thinking About Custody and Visitation125
Creating an Accurate Visitation Record126
Documenting Shared Custody128
Monitoring Your Children's Responses to Visitation128
Children's Preferences129
Grandparent Visitation130
Children's Reactions Log131
Grandparent Visitation Log132
15Witnesses and Evidence133
Why You Need Witnesses133
Types of Witnesses to Find134
Subject Matter for Witness Testimony135
Preparing a Witness List137
Being Your Own Witness138
Preparing for Your Spouse's Witnesses139
Physical Evidence139
How to Find Evidence142
List of Possible Witnesses143
Witness Worksheet144
Notes for Your Testimony145
Cross-Examination Notes147
Physical Evidence List148
16Custody Trials149
Documenting the Past149
Documenting Your Own Parenting Abilities150
Focusing on the Other Parent's Faults151
Parenting Classes152
Keeping Your Kids Out of It152
Siblings and Half Siblings153
Child Care Checklist154
Spouse's Parenting Abilities157
Parenting Journal158
17It's All Over! Now What?159
Changing Your Name159
Updating Your Insurance160
Protecting Your Credit161
Dividing Assets161
Leases162
Your Will162
Health Care Directives162
Wedding and Relationship Mementos163
Coping with Your Feelings163
Continuing to Track Payments163
Maintaining Your Household164
Managing Finances165
Important Documents for Your Child165
Receipts for Property Distribution167
Ongoing Child Support Log168
Child Support Receipts169
Ongoing Alimony Log170
Alimony Receipts171
AppendixResources173
Index181

Subjects