Nolo's Essential Guide to Divorce

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  • Edition: 4th
  • Format: Paperback
  • Copyright: 2012-06-29
  • Publisher: Ingram Pub Services
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Turn to Nolo's Essential Guide to Divorcefor clear answers that can help make your divorce simpler and reduce your expenses. You'll even learn how to successfully divorce with minimal help from an attorney.The book explains what you should expect through each stage of divorce -- and how to handle it. This thorough guide will help you: .learn the difference between different types of divorce, including mediated, collaborative, and contested .how to identify and divide property and assets fairly .work with mediators or lawyers .avoid expensive and painful court battles .establish child custody and visitation .handle child support issues, including how support is paid and enforced .draft a marital settlement agreement .deal with divorce emergencies .address post-divorce issues .negotiate and settle spousal support The updated edition includes new information on bankruptcy and foreclosure, and explains how both can affect divorce. Plus easy-to-use charts make it simple to find the divorce laws in your state.

Author Biography

Emily Doskow is an attorney and mediator in private practice. She is the author of Nolo's Essential Guide to Child Custody Support and the coauthor of The Sharing Solution, Making It Legal and other Nolo titles.

Table of Contents

Introduction: Your Divorce Companion
Getting Orientedp. 3
Taking the High Roadp. 4
Separation or Divorce?p. 5
Annulmentp. 10
Family Courtp. 12
Kinds of Divorcesp. 12
Property, Custody, and Supportp. 23
Getting Help From Expertsp. 25
First Steps After You Decide to Divorcep. 27
Breaking the Newsp. 28
Where Will Everyone Live?p. 30
Gathering Financial Informationp. 33
Managing Your Family's Moneyp. 37
Getting Legal and Other Professional Help Earlyp. 52
Taking Care of Yourselfp. 52
When You Can Agree: Uncontested Divorcep. 55
Basics of the Uncontested Divorcep. 57
Summary Dissolution for Short-Term Marriagesp. 57
Default Divorcep. 59
Preparing and Filing Legal Papersp. 62
How the Other Spouse Can Respondp. 78
Negotiating a Settlement and Preparing a Marital Settlement Agreementp. 79
Finalizing Your Uncontested Divorcep. 81
Working It Out: Divorce Mediationp. 85
Why Divorce Mediation Worksp. 86
What Does Mediation Cost?p. 88
Is Mediation Right for You?p. 90
Suggesting Mediation to Your Spousep. 92
Choosing a Mediatorp. 94
Choosing and Working With a Lawyerp. 102
The Mediation Processp. 103
How to Make Your Mediation a Successp. 110
After the Mediation, the Paperworkp. 112
If Mediation Doesn't Workp. 112
When You Can't Agree: Contested Divorce arid Trialp. 115
Finding the Right Lawyerp. 119
Paying the Lawyerp. 124
Is Fault a Factor?p. 130
Getting Startedp. 135
Gathering Information for Trial: Disclosures, Discovery, and Digging Up Dirtp. 139
Settle, Settle, Settle!p. 144
The Pretrial Conferencep. 146
Anatomy of a Divorce Trialp. 147
After the Trialp. 152
Custody Decisions and Parentingp. 155
Physical and Legal Custodyp. 157
The High Road: Agreeing With Your Spouse on a Parenting Planp. 158
Helping Your Kids Cope With Divorcep. 169
Making Shared Parenting Workp. 176
Trying to Get Along With Your Exp. 185
When It Comes to Divorce, Grownups Are Kids, Toop. 185
Custody Disputesp. 187
The Low Road: Fighting It Out in Courtp. 188
How Courts Handle Custody Disputesp. 188
If the Custodial Spouse Interferes With Visitationp. 200
If One Parent Wants to Move Awayp. 201
Drug and Alcohol Abusep. 203
Child Supportp. 207
Who Pays Support?p. 208
Temporary Support While the Divorce Is Pendingp. 209
Working It Out Yourselvesp. 209
How Courts Decide Support Amountsp. 211
Estimating Child Support in Your Familyp. 214
How Support Is Paid Each Monthp. 218
If You're the Recipient: Enforcing Child Support Ordersp. 221
If You're the Paying Spousep. 225
How Long Support Lastsp. 226
If Circumstances Changep. 229
Taxes and Your Childrenp. 230
Health Insurancep. 233
Yours, Mine, and Ours: Basics of Marital Propertyp. 237
Taking Inventoryp. 238
What Property Gets Dividedp. 239
Identifying Community Propertyp. 241
Getting Financial Informationp. 242
Is Your Spouse Hiding Assets?p. 244
Yours, Mine, and Uncle Sam's: Dividing Propertyp. 247
You're in Controlp. 249
How Judges Divide Propertyp. 250
What to Do With the Housep. 256
Dividing Your Other Assetsp. 270
What to Do With a Family Businessp. 278
Dividing Debtp. 282
Tax Consequences of How You Divide Propertyp. 290
Retirement Benefitsp. 293
Money Now and Laterp. 300
Spousal Support and Health Insurancep. 303
Types of Spousal Support and How Long They Lastp. 306
How Courts Set the Amount of Supportp. 308
Negotiating Support With Your Spousep. 311
Planning for Possible Disability or Death of the Supporting Spousep. 315
Changing the Amount of Spousal Support Laterp. 316
Tax Planning When You Pay or Receive Supportp. 317
Keeping Health Insurance in Forcep. 320
Military Divorce: Special Issuesp. 325
Beginning a Divorcep. 327
The Servicemembers Civil Relief Actp. 334
Custody and Visitationp. 335
Support for Children and Spousesp. 339
Dividing Propertyp. 344
Pensions, Insurance, and Other Benefitsp. 344
Tax Issuesp. 352
Domestic Violence and Other Abusep. 352
Postdivorce Follow-Upp. 354
Resourcesp. 354
Getting It in Writing: Preparing Your Marital Settlement Agreementp. 357
What It Is, What It Doesp. 358
Creating the Agreementp. 359
Negotiationsp. 360
Doing the Mathp. 378
Consulting a Lawyerp. 379
Completing the Paperworkp. 392
Critical Care: When Things Really Go Wrongp. 393
Domestic Violencep. 394
Child Abusep. 397
Kidnappingp. 398
Bankruptcyp. 400
After the Divorcep. 405
You're Not Done Yet: Ten Postdivorce Tasks You Can't Ignorep. 407
The Kid Connectionp. 418
Modifying Spousal Supportp. 423
Your Right to Social Securityp. 423
Dating and New Relationshipsp. 424
Hope Springs Eternal: Remarriagep. 426
Getting Help and Helping Yourselfp. 427
Getting Help, Finding Information, and Looking Stuff Upp. 433
More Great Booksp. 434
Getting Divorce Information and Formsp. 437
Help With Negotiationsp. 446
Financial Advicep. 447
Document Preparation Servicesp. 449
Legal Advicep. 452
Other Ways to Look Things Upp. 455
Appendixp. 459
Indexp. 475
Table of Contents provided by Ingram. All Rights Reserved.

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