Harrington Divorce Simply Stated

How to Achive More, Worry Less, and Save Money in Your Divorce
1. Auflage 2026
ISBN: 978-1-80765-290-6
Verlag: PublishDrive
Format: EPUB
Kopierschutz: 0 - No protection

E-Book, Englisch, 305 Seiten

Divorce, Simply Stated is a comprehensive guide to navigating divorce with clarity, efficiency, and informed decision-making. Written by an experienced divorce lawyer and mediator, the book explains how family law works in the United States, outlining the legal principles that govern child custody, child support, spousal support, property division, and court procedure. It examines common misconceptions about divorce, differences between community property and equitable distribution states, and the role of federal laws affecting pensions, taxes, and interstate custody issues. The book also details the practical steps involved in filing, discovery, settlement negotiations, and uncontested hearings, providing a structured overview of the divorce process from start to finish. Intended for individuals considering divorce, currently involved in proceedings, or seeking to understand their options, the book combines legal education with practical strategy. Its approach is analytical and skills-based, emphasizing goal setting, financial organization, document preparation, cooperative parenting, and cost management. Through checklists, structured lists, real-world examples, and explanations of alternative dispute resolution methods such as mediation and collaborative divorce, the book aims to help readers reduce emotional and financial strain while protecting their long-term interests and the well-being of their children.

Autoren/Hrsg.

Harrington, Michael

Leseproben

The Functional Divorce

In this chapter we begin gathering the tools necessary to end a dysfunctional marriage with a “functional divorce.” A functional divorce achieves reasonable goals at the least financial and emotional cost to you and your children. That requires 2 willing players (you and your spouse) who will:

? Agree upon ground rules to communicate productively, and protect your children from the harmful impact of a high-conflict divorce[4]

? Formulate reasonable goals

? Share all necessary information and documents necessary for a fair and efficient resolution of all issues

What you read in this and the chapters that follow will help you accomplish a functional divorce by:

? Making your children’s needs a priority

? Reducing your and your children’s stress by

? Demystifying divorce

? Enabling you to handle whatever arises during your divorce

? Helping you find affordable divorce professionals who meet your needs

? Showing how to use lawyers creatively to get more for less

? Showing how to save money using the tax code

? Showing how settlement agreement language and seemingly small adjustments can protect you and maximize your divorce results

? Providing you with resources to find

? Additional information about your state’s divorce laws

? Local lawyers and other professionals

? Showing how to reach a fair agreement that both spouses will want to uphold

Deciding When to File

The decision to “file for divorce” is a momentous and emotionally challenging one. As if that weren’t difficult enough, deciding when to file involves a number of considerations, namely:

? Whether you are emotionally prepared to proceed and have identified a therapist or divorce coach who you (and your children) can see if necessary

? Whether reasonable attempts to save the marriage have been exhausted

? Whether you have decided between a “court-based” or alternative dispute resolution divorce

? Whether you have chosen a lawyer or mediator, or have at least consulted with one or both

? Whether you have begun the document gathering and other work described in this chapter

? Whether you have reached out to other professionals you may need, such as divorce coaches and divorce financial analysts

Filing Now

If the answer to all of the above is “yes” and you still haven’t filed, you may simply be procrastinating. That’s certainly understandable given the magnitude of the decision you are making. However, delay might not serve your interests. Below are some reasons you might not want to wait:

? Filing protects you by activating automatic court orders prohibiting your ex-spouse (who I’ll be referring to as your “STBX”) from taking unilateral action regarding finances or your children

? Filing begins resolution of conflict that is stressful for you and your children

? Filing starts the clock ticking toward the beginning of the rest of your life

Filing Later

On the other hand, there may be reasons to put off filing, such as:

? It’s not uncommon to be on the fence about filing for divorce

You want to delay your divorce to delay the beginning of the 3-year post-divorce period during which federal law (“ERISA”) guarantees availability of health insurance comparable to your current coverage through your spouse’s employment.

? Your marriage is nearing the 10-year mark and you wish to preserve your rights to Social Security retirement benefits based on your spouse’s income (rather than yours). You can become entitled to those benefits if

? You claim benefits after a marriage of at least 10 years ?

? You claim benefits at least 2 years after that 10-year marriage

? You and your former spouse are both over 62

? You are not remarried at the time you apply for benefits

? You are not already receiving Social Security benefits

? Your marriage is nearing the 10-year mark throughout which time your spouse has been in military service and you want to preserve your rights to military retirement pay and to receive enforcement assistance through the Department of Defense under The Uniformed Services Former Spouses Protection Act (USFSPA).[5]

? Your marriage is nearing the 20-year mark throughout which time your spouse has been on active duty and remains in the military, entitling you to full USFSPA benefits.[6]

? You need to file joint income tax returns and thus must still be married on the last day of the year.

Alternatives to Divorce

There are two ways for spouses to resolve support, property, and child-related matters without filing for an “absolute divorce”:

? Filing for a “Legal Separation.” If you are hesitant to initiate a divorce action, consult an attorney about commencing a “legal separation” or “limited divorce” action that will resolve all issues just as a divorce or “dissolution of marriage” case does. In most states, these cases can be easily converted to a divorce, so you don’t have to start over if you decide you want a divorce. Also, if your soon-to-be-Ex (“STBX”) wishes to file for divorce by way of a “counterclaim’ or “cross-complaint,” the case will then proceed as a divorce action.

? Signing a Marital or “Postnuptial” Agreement. A marital agreement settles support, property, and children’s issues much in the same way that a divorce settlement agreement does. The differences are that:

? Because there are no orders from a court, spouses seeking to enforce such agreements will not be able to initiate contempt of court proceedings that divorced individuals use for expedited access to the courts. Instead, enforcement would require a new lawsuit to enforce the agreement just like any other contract. And that could take several years.

? If spouses later decide to incorporate a marital agreement into a divorce decree, a court usually must find that the agreement:

 Was fair at the time it was signed, and

 Remains fair under the circumstances existing at the time it is presented to the court for incorporation into a dissolution decree

States with statutes or case law (court decisions) that have been interpreted to approve marital agreements are: Alabama, Alaska, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada and New York.

Residence Requirements

One good reason not to file for divorce is that you can’t. Nearly every state requires that one of the parties reside in the state for a minimum period before divorce proceedings may be commenced or judgment is entered. Those requirements are as follows:

? 12 months: Connecticut, Iowa, Maryland, Massachusetts, Nebraska, New Hampshire, New Jersey, New York, Rhode Island, South Carolina, West Virginia

? 6 months: Alabama, California, Delaware, District of Columbia, Florida, Georgia, Hawaii, Indiana, Kentucky, Louisiana, Maine, Michigan, Minnesota, Mississippi, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Tennessee, Texas, Vermont, Virginia, Wisconsin

? 3 months: Arizona, Colorado, Illinois, Missouri, Montana, Utah

? 2 months: Arkansas, Kansas, Wyoming

? 6 weeks: Idaho, Nevada

? No statutory requirement: Alaska, South Dakota, Washington

Some states also require a couple to be separated before filing for divorce. For example, Maryland and New Jersey require separation periods of 12 and 6 months respectively before filing. Such periods are not to be confused with “cooling off” periods that many states require after a divorce is filed. In those states, a divorce can’t be obtained until after a specified period.

For example:

? California – 6 months

? Rhode Island – 5 months

? Connecticut – 3 months

? Vermont – 3 months

? Texas – 2 months

? Michigan – 2 months

Parenting During Divorce

A functional divorce in families with children must begin with those children. Decisions regarding them must be governed by the children’s—not your—best interests. Your conduct should be guided by the children’s well-being, not your parental “rights.”

The 10 Steps to a Functional Divorce

Functional divorces require planning. Each of the following 10 steps to a functional divorce is discussed in more detail below.

? Obtaining Professional Advice

? Protecting Yourself with Automatic Restraining Orders

? Protecting Yourself Financially and from Violent Confrontations

? Thinking About Your Divorce Goals

? Locating Key Documents

? Beginning to Plan for the Future

? Creating a Paper Trail to Success

? Educating Yourself About Divorce in Your State

? Caring for Your Children

? Caring for Yourself

Obtaining Professional...