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Showing posts with label divorce guide. Show all posts
Showing posts with label divorce guide. Show all posts

Saturday, May 4, 2013

How to handle divorce settlement


It is not a certainty but a possibility that you and your spouse may get divorced some day. You would then have to plan the divorce settlement. Divorce settlements are different thus divorce advice and guide also differ. Some of the divorces come in the form of alimony installment payments for some period of time and some in the form of lump sum. Some involve real estate, some involve retirement accounts. No matter what form the divorce settlement takes, it is wise to consult a financial planner before you sign on the settlement papers.

"Non-financial" spouse:

More often women become the non financial spouse. Prevent this situation and you can do this by having at least a minimum knowledge of the family assets, their value and where they are. You need to familiarize with the family income and joint tax returns. It is okay to be a non financial spouse but do not be too oblivious of the financial matters.

Surprisingly, a lot of women do not make rough calculations or back-of-the envelope calculations to value the assets during divorce proceedings. Get serious, and consider using professional method to value items like art collections, real estate and jewelery. Do not guess because knowledge is power.

Before the divorce; a prelude:

Letting assets disappear before divorce is a common blunder. For one of the spouses divorce comes as a shocker. He or she is clueless of the finance at that point of time. The spouse who plans a surprise divorce starts to funnel joint assets into separate accounts. With this step, assets that have got divided just disappear. Keeping a track of these hidden assets is difficult. If your marriage is on the rocks beware of sudden financial habits by your spouse.

Logical settlement:

Many women prefer to keep the house during the settlement and do not realize that they have insufficient cash flow to maintain the home. Do not end up with a home and no cash.

Do not forget taxes:

Consider tax implications of selling and distributing assets. Before you sell or take funds out of the pension or retirement plan, confirm on the tax effects and penalties. Base all the numbers on net amounts.

Thursday, April 25, 2013

Eligibility for Summary Divorce

If your marriage is not too old and there are no children in the marriage then you can opt for a summary divorce. However, there are certain requirements that you need to full fill in order to be eligible for a summary divorce. A summary divorce is the best divorce to take when the marriage is not older than 5 years and have no children or huge assets to divide. Every state has their guidelines for filing a summary divorce, and there are guidelines to follow if you are planning for a summary divorce.

summary divorceA summary divorce is completely different from traditional divorces. The end result might be same but then the process is quite different. The benefits of summary divorce is that there is very less paper work required for the divorce, fewer appearances in court, less time consuming and very cheap. As there is very less paper work involved, you can save money in the filing costs. Apart from this, as there are no custody or property matters to discuss, a summary divorce takes very less time to finalize.
As the requirement for summary divorce varies from state to state, you need to consult your divorce attorney to find the specific requirement.
Given below are the general requirements for summary divorce:
  1. The divorcing couple should be married for some time. ( 5 years or less)
  2. There should be no children in the marriage be it adopted or natural
  3. The couple should not have any "real property interests” which means that they are not owner of a house or mortgage a house.
  4. The total worth of the marital property should not exceed more than a certain amount. Mostly the designated amount in such scenario is between $25000 to $35000 excluding the assets you own from motor vehicles.
  5. The total worth of either spouse's individual property should not exceed a given amount.
  6. Both the spouses should have given up rights for spousal support.