Divorce after Twenty years together Community Group
I want to start something for those of us that were married for a long long time. I think that we face a little different issues than those who were dating for a few years or even married for shorter period of time. Being married for so long we have older children some have grandkids dealing with teenagers and their reaction to the divorice empty nesters dating after 40...
What all the lawyers I spoke with repeated, was the division had to be considered "fair" or a judge will not sign off on it. If you want to go this route, educate yourself and find out what you are entitled to. Even though a lawyer is representing you, they can and do make mistakes. Make sure you know what you are signing. Some people suggest the website divorce.com for information, I used divorce360.com.
So in short, I don't have any regrets. I wish you the best of luck.
AND everyone's situation is different financially in divorce. You will also find that in divorce, you get lots of advice, from well meaning friends who are not divorced. Or a friend of a friend. And on here. One of the first things in divorce, you learn if you have not, you have to make some decisions, and trust yourself. Divorce is a legal transaction, not emotional though that plays into it. You need your own lawyer.
Divorce is state mandated, so things are a bit different for each state. I was threatened with divorce on and off for a long time. I made it my business to find out as much as I can about divorce when I was going through it and before. Way back in 96, when my H pulled his first I want a divorce, I hired a lawyer and a therapist. My lawyer for a 250 consultation empowered me. It was the best 250 I ever spent. Knowledge is empowering. She also told me, you are a smart gal, start self studying divorce, you may never need it, but you might. It paid off for me, and we did go to counseling, a few times! I still have the same therapist by the way.. there was a long hiatus. Both as Cowgirl puts it, are your dream team. I also say believe you deserve the best lawyer to get you what you need, not what you want, there is a difference in divorce.
I also hired a good lawyer in 2007, we divorced in 08. My other lawyer retired but she did over the years take a few calls from me. My ex for a while to save money, thought I could divorce us. We did file jointly, and I did all the paperwork to file. I would never ever presume to end a 28 year marriage, with a lot of assets, without a lawyer of my own. This is for most of us here, the largest business deal that you will ever negotiate or do in your life. It is business. YOUR business. So take or leave all the advice you get, but please get a consult with a lawyer. Some do free consults. I know how to pay for it is a huge concern, but a good lawyer will help you with that too. If you have no assets, or want nothing, it will not cost all that much. Do some research, lot of info on " how to hire a family or divorce lawyer" resources. Start by gathering all your financial info in one place, and bring it with you! My best to you...
Consider this: This is a business negotiation that could affect the rest of your life. You want to do it right.
Money has a way of turning an amicable divorce into a contentious one. Protect yourself.
I agree with the others--you do need to educate yourself about divorce laws in your state.
Sending hugs of support.
Now after it is all said and done he says I deserve it and all is good. Funny how things work out.
I do think each having their own lawyer to look out for each best interest is very important.
Good luck to you-I know everyone's case is different
Go to www.divorcesource.com and find out if you live in a community property (50/50) state OR in an equitable distribution state!
If you live in a community property (50/50 division) state, have minimal assets, no minor children to support and are NOT asking for alimony, then you might be able to negotiate a settlement using the same attorney although I would NEVER do it that way.
If you live in an Equitable Distribution state, negotiating will be more difficult because most of the time, the husband makes more money and he won't want to have to "give" you any of it post-divorce. I put the word give in quotes because alimony is NOT a gift -- I considered it Severance Pay for the 25 years I worked my butt off in the marriage!
If you are looking to save money, you can jointly hire a certified Mediator to hammer out an agreement. This would cover everything -- property division, division of all other assets (including retirement accounts, stocks and bonds, etc.), child support (if applicable) and alimony. HOWEVER, the final signed agreement will have to be reviewed by an attorney (one for you, one for your H) BEFORE it is presented to the court. Mediators are a lot less expensive than attorneys, but you have to TRUST the other person AND be willing to compromise.
I tried Mediation right off the bat, but the now-X wasn't willing to reveal "his" financial assets to "some stranger." What an IDIOT! So I hired one of the best local attorneys and then he had NO CHOICE but to subject himself to the financial equivalent of a colonoscopy. LOL.
In the end, I got everything I wanted in the settlement and then some but it was very VERY expensive. You cannot let the possible cost of attorney fees dissuade you from getting the sound legal representation you need. This is the BIGGEST DEAL you will EVER MAKE in your life!
As MsTerey mentioned in her comment, the other professional you should have on board is a qualified counselor or licensed therapist. Your attorney will help you get through the financial part of divorce and your therapist or counselor will walk with you through the emotional part. Looking back, I'm not sure which part was the worst, but I'm glad I had my Dream Team in place from the outset.
P.S
Misred the fee for having a QDRO prepared is usually NOT included in the cost of the actual divorce. It is considered somewhat of a specialty and is often farmed out to another attorney. That fee is normally split equally between the parties and is pretty small potatoes compared to the cost of a contested divorce.
My warning is, even though your STBX verbally agrees to share the cost, they may change their mind and you might get the short end.
Verbal agreements from the stbx may change a bit which is to be expected. The caution is to avoid receiving "too much" of the short end. When you're savvy, bickering over small costs will be of little concern. So yes, being adequately informed and having assertiveness is essential to your decisions. If you lack either, dismiss yourself away from the negotiation table, reschedule, and quickly get representation on your behalf. Just remember, you are entitled to do just that if needed!
AND this is no disrespect, and I have been here a long time.. some people never got that you have no assets, there is nothing to divide, and unfortunately there may be debt or upside down mortgages or CC debt through the roof. That gets divided too. Divorce is financially disaster, and many many people here can not afford a lawyer, a therapist or financial advice. I say we all come here with different issues, incomes, infidelity or not, but we all end up divorced. Divorce is a very personal, yet huge financial loss along with the emotional. Do the best you can, and do not make hasty decisions. A good lawyer can protect you from yourself. Ask some here who find out there was a pension or spouse did not account for 10,000 that is missing
If you are fortunate to have assets to divide, a Qualified Domestic Relations Order is to value them and then figure out how to fairly divide them. You can do whatever you want, but the first hearing, if you need it, then both lawyer will make that part of the proceeding and the judge approvals who will do it. One way to look at this is investments are changing daily, up and down in the market. Most 401ks are invested in mutual funds. These firms do a actuarial and accounting of what is what and how to divide it. Think about a CD you may have, I did not want to cash them all in and divide them in half.. but the accounting firm or consulting firm, and that is who does the QDROs or should, figured out an equal share for us each. I could not do it, my lawyer will not do it, that is a whole business in itself. Same with having your house if you have one appraised. Someone years ago claimed to us that a realtor could do the appraisal.. sure, if you are going to sell it in the divorce. CGK and I kept or bought back our own houses, we needed a court approved appraisal that was based on many things, not what we could have sold it for. Me, I wanted mine to come in low.. I was buying it! SO all this comes into it. Do some serious reading about divorce, make it your business, because it is your business! You can fall apart later I say! I also used to say on DS, so far I have never met anyone in divorce who complained they got too much money and assets in a divorce! ((HUGS))