The complete divorce handbook : a practical guide

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Title:

The complete divorce handbook : a practical guide

Author:

Sember, Brette McWhorter, 1968-

ISBN:

9781402757976

Publication Information:

New York : Sterling, c2009.

Physical Description:

280 p. : forms ; 23 cm.

Contents:

Do you want or need a divorce? -- Legal separation -- Family court -- First steps in a divorce -- The divorce court process -- Divorce mediation -- Other alternatives to divorce trials -- Children and divorce -- Dividing your assets and debts -- Child support -- Spousal support -- Emotional and practical implications of divorce -- After the divorce.

Subject Term:

Divorce -- Handbooks, manuals, etc.

Divorced people -- Family relationships.

Children of divorced parents -- Family relationships.

Custody of children -- Psychological aspects.

Holds:

Available:*

Library	Call Number	Status
Searching... Oakdale Library	306.89 SEM	Searching... Unknown
Searching... Stillwater Public Library	306.89 SEM	Searching... Unknown

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Summary

"Once I pay alimony and child support, I won't have enough to live on. How can I reduce it?" "My 16 year old refuses to visit her father. Am I going to be in contempt of court if I don't make her go?" Brette McWhorter Sember, a retired divorce attorney and a widely-published author on the subject, answers hundreds of questions like these in simple layman's terms--covering everything from living under a separation agreement to dividing assets and debts. Looking at divorce from all angles--legal, social, psychological, and financial--this is a resource that speaks to everyone, from those just starting to contemplate breaking up a marriage, to those trying to renegotiate an unsatisfactory financial settlement.

Author Notes

Brette McWhorter Sember, JD, is a former divorce attorney and mediator. In addition to her private law and mediation practice, she served on the law guardian panel in five counties, representing children in divorce and family court cases

Reviews (1)

Library Journal Review

Retired divorce attorney and mediator Sember has written a new companion guide to the divorce process for attorneys and divorcing couples. His book does a good job of answering questions that attorneys face, such as how to behave in court, and includes an appendix with frequently asked questions. It would benefit from more case studies, or sample filled-in forms showing a case from start to finish. How does it compare with the gold standard, Emily Doskow's Nolo's Essential Guide to Divorce? The Nolo book is geared more to those wanting to handle the case themselves, with checklists, sample forms, and a guide to legal research. Using boxes to highlight key points or introduce testimonials, the Nolo guide is easier to read. It is the superior book owing to its breadth of coverage, including international custody disputes and a chapter on military divorces. Still, Sember's Divorce Handbook is helpful. For general collections.-Harry Charles, Attorney at Law, St. Louis, MO (c) Copyright 2010. Library Journals LLC, a wholly owned subsidiary of Media Source, Inc. No redistribution permitted.

Introduction	p. 1
1 Do You Want or Need a Divorce?	p. 5
Reasons for Divorce	p. 6
How to Decide	p. 7
Marriage and Family Therapy	p. 9
Individual Therapy	p. 12
Domestic Violence	p. 12
Telling Your Spouse	p. 13
Trial Separation	p. 14
Understanding What Divorce Really Means	p. 15
The Effects of Divorce	p. 17
The Costs of Divorce	p. 20
Divorce and Common-Law Marriage	p. 23
If You Do Not Want a Divorce	p. 25
2 Legal Separation	p. 26
Legal versus Non-Legal Separation	p. 26
How to Get a Legal Separation	p. 28
Reasons for a Legal Separation	p. 30
The Separation Agreement	p. 30
What a Legal Separation Means	p. 31
How to Live under a Separation Agreement	p. 32
Separation as a Prelude to a No-Fault Divorce	p. 34
Undoing a Separation	p. 35
3 Family Court	p. 37
Family Court Basics	p. 37
How Family Court Can Help You	p. 37
Family Court versus Divorce Court	p. 38
How to Access Family Court	p. 39
Preparing Family Court Documents	p. 39
Family Court Hearings	p. 40
What Family Court Cannot Do for You	p. 40
4 First Steps in a Divorce	p. 41
Protect Yourself and Your Children	p. 41
Talk to Your Children	p. 43
Tell the Important People in Your Life	p. 44
Protect Your Assets	p. 46
Control Your Spending	p. 49
The Marital Residence	p. 54
How to Find an Attorney	p. 55
How to Evaluate an Attorney	p. 55
How to Afford an Attorney	p. 57
How to Handle a Divorce Yourself	p. 58
Deciding What Type of Divorce You Want	p. 59
How to Begin the Divorce Process	p. 61
5 The Divorce Court Process	p. 64
Understanding How Courts Work	p. 64
Understanding the Roles of All the Players	p. 65
How to Approach Your Divorce Case	p. 66
Grounds	p. 66
Covenant Marriage	p. 67
Service of Process	p. 69
How to Respond	p. 70
Forms and Fees	p. 71
Procedures	p. 72
How to Streamline the Process	p. 73
How to Behave in Court and at Trial	p. 74
Trial Procedures	p. 75
Name Changes	p. 76
Removal of Barriers to Remarriage	p. 76
6 Divorce Mediation	p. 77
How Mediation Works	p. 78
How to Decide If Mediation Can Work for You	p. 79
Benefits of Mediation	p. 80
Drawbacks of Mediation	p. 82
Costs	p. 84
Mediator Qualifications	p. 85
How to Find a Mediator	p. 86
Why You Need an Attorney, as Well	p. 87
Other Professionals and Mediation	p. 87
Court-Ordered Mediation	p. 88
Preparing for Mediation	p. 89
Moving Mediation Along	p. 90
The End Result of Mediation	p. 95
What to Do If Mediation Is Not Successful	p. 96
7 Other Alternatives to Divorce Trials	p. 97
Arbitration	p. 97
Collaborative Law	p. 98
Co-Mediation	p. 100
Shuttle Mediation	p. 100
Attorney-Assisted Mediation	p. 101
Long-Distance Mediation	p. 102
Negotiating on Your Own	p. 102
8 Children and Divorce	p. 104
Helping Your Children through the Initial Separation	p. 104
Types of Custody	p. 105
How Custody Is Determined	p. 106
Siblings	p. 107
Supervised Visitation	p. 107
Parenting Classes	p. 108
Co-Parenting	p. 108
Deciding Where Your Children Will Live	p. 109
How to Create a Parenting Plan	p. 110
UCCJEA	p. 113
Grandparent Rights	p. 114
Relocation	p. 114
How to Deal with the Other Parent	p. 115
Uncooperative Parents	p. 117
Helping Your Children Cope with Parental Conflict	p. 118
What to Do When You Can't Agree about the Parenting Plan	p. 119
How to Prepare for a Custody Trial	p. 120
Working with the Law Guardian, or Guardian ad litem	p. 122
Helping Kids Cope after a Divorce	p. 123
Cooperating and Coordinating with the Other Parent	p. 123
Functioning as a Single Parent	p. 124
Embryos	p. 126
9 Dividing Your Assets and Debts	p. 127
How to Think about Property Division	p. 127
Marital versus Separate Assets	p. 129
Your State Laws about Dividing Property	p. 130
Prenuptial Agreements	p. 132
Finding Property	p. 132
Valuing Property	p. 133
Special Considerations	p. 134
How to Divide Household and Personal Goods	p. 134
Real Estate	p. 136
Businesses	p. 138
Social Security and Pensions	p. 139
Investments	p. 140
Pets	p. 141
Debt	p. 141
Non-Concrete Assets	p. 142
Tax Consequences	p. 144
Dividing Your Property Yourselves	p. 145
The Sneaky Spouse	p. 145
Preparing for a Trial about Property	p. 146
10 Child Support	p. 148
How Child Support Is Calculated	p. 148
Duration of Support	p. 152
Other Expenses That Can Be Court-Ordered	p. 153
How Child Support Is Paid	p. 154
The Purpose of Child Support	p. 155
Negotiating Child Support	p. 158
Tax and Bankruptcy Implications	p. 160
Preparing for a Child-Support Hearing	p. 161
Modifying Child Support	p. 162
The High Costs of Not Paying Child Support	p. 162
11 Spousal Support	p. 164
How Alimony Is Calculated	p. 165
Duration of Support	p. 167
How Spousal Support Is Paid	p. 167
Modifying Alimony	p. 168
Life Insurance	p. 169
Health Insurance	p. 169
Tax and Bankruptcy Implications	p. 170
12 Emotional and Practical Implications of Divorce	p. 173
Dealing with Friends	p. 173
Dealing with Family	p. 174
Asking for What You Need	p. 176
Living Alone	p. 177
Managing on One Income	p. 180
Waiting through the Long Divorce Process	p. 183
Self-Esteem	p. 184
Depression	p. 184
Anger	p. 185
Grief	p. 185
Being Responsible for Yourself and Your Children	p. 186
Working after Divorce	p. 186
13 After the Divorce	p. 188
Finalization of the Divorce	p. 188
Your Right to Appeal	p. 189
How to Deal with Your Emotions	p. 189
Helping Your Children Adjust	p. 190
Putting Yourself Back Together Financially	p. 191
Completing Paperwork to Comply with Court Orders	p. 191
Paperwork Changes to Protect Yourself	p. 192
Gathering Documents	p. 193
Name Change, Revisited	p. 194
Taxes	p. 196
Rewriting Important Documents	p. 196
Obtaining a Religious Annulment	p. 197
Enforcing Child Support	p. 197
Enforcing Alimony and Property Division	p. 198
Enforcing Other Orders	p. 199
Making Changes to the Parenting Plan	p. 199
Moving Past Your Divorce	p. 200
Planning for Your Future	p. 201
Appendix A Resources	p. 202
Books and Magazines	p. 202
Web Sites and Organizations	p. 203
State Bar Associations	p. 206
State Collaborative Law Associations	p. 209
State and Local Mediation Associations	p. 210
Appendix B Sample Forms	p. 216
Sample Separation Agreement	p. 217
Sample Summons	p. 231
Sample Affidavit of Service	p. 232
Sample Response or Answer	p. 233
Sample Request for Trial	p. 235
Sample Simplified Divorce Settlement	p. 236
Sample Judgment of Divorce	p. 244
Sample Agreement to Mediate	p. 253
Appendix C Frequently Asked Questions	p. 257
Alimony	p. 257
Annulment	p. 258
Appeals	p. 259
Assets	p. 260
Attorneys	p. 262
Child Support	p. 264
Children	p. 267
Counseling	p. 270
Debts	p. 271
Grounds	p. 271
Household Expenses	p. 272
Jurisdiction	p. 272
Other	p. 273
Procedure	p. 273
Separation	p. 275
Service	p. 276
Index	p. 278

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