what kind of lawyer find stay home mom divorce

Stay at home moms looking for divorce advice should speak to an attorney with a specialty certification in family law, like the attorneys at DeTorres & DeGeorge Family Law to put you in the best possible position for alimony. Do stay at home moms divorcing receive an equal share of marital assets if they did not work outside the home?

Full Answer

How much does a divorce lawyer cost for a stay-at-home mom?

Hiring divorce lawyers can be pretty expensive for a stay-at-home mom with no money, but it is a necessary measure in complicated circumstances, such as child custody cases. According to Investopedia.com, child custody lawyer’s services cost between $1,200 and $4,500.

Are You a stay at home mom in the middle of divorce?

If you are a stay at home mom in the middle of a divorce, it can be helpful to have a plan in place of what to do when the divorce is finalized and you can move forward with your life.

Do stay-at-home moms need a divorce financial analyst?

It is no secret that divorce can be a costly experience. If you hire an attorney, a certified divorce financial analyst (CDFA), a mediator, or any other type of counsel, it comes with a price tag. Since stay-at-home moms frequently lack access to marital funds, a critical first step is finding a way around this problem.

Why are stay-at-home moms scared to divorce?

The primary reason that a stay-at-home mom is scared to divorce is financial dependency. In some relationships, the spouse who earns money also gets to make all financial choices. But you shouldn’t feel like a less valuable family member just because you don’t work.

What to do if you are a stay at home mom and want a divorce?

A thorough guide that walks stay-at-home moms and dads through six steps to prepare for the divorce process.Step 1: Consider the Options for Ending Your Marriage.Step 2: Assess Household Financial Information.Step 3: Gather Your Financial and Other Documents.Step 4: Inventory Personal and Family Possessions.More items...

Do stay at home moms get anything in a divorce?

In some cases, a judge may award the lesser-earner alimony, especially if you are a stay-at-home mom who has been out of the workforce many years.

Who usually wins the house in a divorce?

When a divorce case goes to a judge to decide, he or she will split all community property down the middle. The judge will allocate 50% of the community property to one spouse and 50% to the other.

How do people survive living in the same house when divorcing?

7 Ground Rules for Living Together While DivorcingCreate a new budget. ... Allocate responsibilities around the house. ... Don't sleep with your ex-spouse. ... Establish boundaries. ... Plan to live separately. ... Don't fight in front of your children. ... Don't use the kids as leverage. ... Tip 1.More items...

What does stay at home wife get in divorce?

These include: Limited Duration or Term Alimony, Open Durational Alimony (fka Permanent Alimony), Rehabilitative Alimony, and Reimbursement Alimony. In the most common scenario we see, most stay at home moms divorcing are looking at limited duration or term alimony, or open durational alimony.

How do I get divorced if I don't have a job?

The cheapest way to get divorced is to agree to an uncontested divorce and devise a settlement agreement directly with your spouse. This outcome won't work for everyone, especially if you and your spouse have can't stand each other.

Who suffers more in a divorce?

While there's no argument that everyone endures the pain of divorce in one way or another, many people may be surprised to hear that, according to research, men have a much more difficult time with a split than women.

What is a non working spouse entitled to in a divorce?

What is a non-working spouse entitled to in a divorce? A non-working spouse is entitled to receive alimony payments from their ex-spouse and can acquire up to 50 percent of property. However, this depends largely on whether they are voluntarily or involuntarily unemployed.

Why does the wife get half in a divorce?

During your marriage, you probably made financial decisions based on your combined income–and so did your wife. As a result, when the time comes to divorce, the two of you must divide your assets and shared debts equitably.

What to do when you want a divorce but can't afford to move out?

What Can You Do Now to Prepare for Separation?Establish separate checking, savings, and credit card accounts under your name. ... Get separate cellphone accounts to maintain your privacy: Keep in mind, cellphones store a significant amount of information (emails, text messages, etc.)More items...

What to do when you own a house and break up?

You can either follow the legal procedures that apply in your state—typically this means the court will order the property to be sold, and the net proceeds (after paying mortgages, liens, and costs of sale) to be divided—or you can reach your own compromise settlement.

Can I divorce my wife for not sleeping with me?

In some instances, the absence of sex in a marriage can be a valid ground for divorce as there are laws that regulate it withholding sex in a marriage. Indeed, sometimes a marriage without sexuality is an indication that a marriage cannot be restored.

Collect Your Financial Documents

People going through a divorce should always gather their important financial documents. These may include your tax returns for the several past years, pay stubs, bank statements, insurance policies, W2s, and investment account information.

Create a Budget

You may have created a family budget while you were married, but your budget as a single person will look vastly different. Create a budget showing how much you spend on food, utilities, clothing, phone bills, and other necessities. The budget you create can be used to show what you need to continue supporting yourself and your children.

Know the Value of the Family Home

You may want to stay in the family home because it is where you raised your children. However, a divorce will already stretch you fairly thin financially. You should have the home professionally appraised so you know what it is worth.

Consider Asking for Alimony

If you have been a stay-at-home for a significant period of time and feel as though you do not yet have the skills to return to work, you can ask for alimony. There are many different types of alimony you can pursue, but even temporary support can help you pay for your expenses after the divorce.

Create a Plan for Returning to Work

Start to plan to return to work, particularly if you think you will only receive temporary alimony. Draft a resume and, if you require further education or skill training, create a plan to pursue these opportunities. If you have already created your budget, you will know the salary or wage you will need to earn.

Call a Divorce Lawyer in Clinton Township

Going through a divorce as a stay-at-home mom is very scary, but our Clinton Township divorce lawyer at Iafrate & Salassa, P.C. can help you through the process. We will advise on what you are legally entitled to under the law, and help you get it so you can move forward in your new life as easily as possible.

Stay at Home Mom Divorce Advice: Child Custody

All things being equal and unless you have a serious mental health or addiction issue, stay at home moms divorcing will likely share custody of the children with the other parent. There are two types of custody – legal and residential. Legal custody concerns the right to make health, safety and welfare decisions for the children.

Stay at Home Mom Divorce Alimony

There are a number of different types of alimony in NJ and your lawyer can help you determine which one is most appropriate in your particular situation. These include: Limited Duration or Term Alimony, Open Durational Alimony (fka Permanent Alimony), Rehabilitative Alimony, and Reimbursement Alimony.

Do stay at home moms divorcing receive an equal share of marital assets if they did not work outside the home?

The division of assets and debts in a divorce is called equitable distribution. Under the NJ laws, a stay at home mom who does not work outside the home is NOT penalized in any way when it comes to sharing in the assets of the marriage.

Stay at Home Mom Divorce Help: Affording Divorce

Anyone seeking divorce has the right to use income or money from any source, loans from friends or family, marital credit cards or lines of credit, or assets of the marriage to pay for the divorce. This means that you can liquidate assets and create debt to pay a lawyer to represent you in a divorce.

Should a stay at home mom get a job before divorce?

Every person is different and there is no easy answer to this question. Our general advice is yes, do what you can to bring in an income. This provides stay at home moms who are divorcing with some security and financial resources if your divorce goes off the rails and your spouse withholds support or resources from you.

Stay at Home Mom Divorce Advice: Be Prepared

The two critical components to launching your divorce case are: (1) assembling the right team, and (2) assembling your case. When choosing an attorney, you should take the same approach you would with a health issue.

What happens if a divorce is not reached?

If an agreement cannot be reached, then the case will be litigated, and the judge will make the ultimate decision. Consider these important issues in a divorce, and how stay-at-home moms may be affected:

Is it easy to divorce a stay at home mom?

However, for stay-at-home moms, whether or not to end the marriage and permanently leave one’s spouse may be an especially difficult decision to make. Indeed, in a divorce, stay-at-home moms may encounter unique and complex issues, including one of the most pressing questions: How will a stay-at-home mother support herself after a divorce?

How to prepare for divorce as a stay at home mom?

How to Prepare for Divorce as a Stay-at-Home Mom. Going through the breakup of a marriage can take a heavy toll on your emotional health. Once the decision is made to get a divorce, there are also important practical matters to consider. The situation can be even more challenging if you are a stay-at-home mom.

How to prepare for divorce?

The following are steps you can take now to prepare yourself, both for your divorce and the aftermath: Open your own bank account: As a stay-at-home parent, you need to begin establishing yourself financially, apart from your spouse. Opening your own bank account is an important first step.

A thorough guide that walks stay-at-home moms and dads through six steps to prepare for the divorce process

A thorough guide that walks stay-at-home moms and dads through six steps to prepare for the divorce process.

Step 1: Consider the Options for Ending Your Marriage

It's natural to worry about battling out your divorce in court to the tune of thousands of dollars in attorneys' fees. Many stay-at-home parents are tempted to avoid court and save money by accepting a bad divorce settlement simply because they can't afford to hire a lawyer. It doesn't have to be this way, though.

Step 2: Assess Household Financial Information

When divorce is coming, it's time to take stock of your household financial situation. If you haven't been handling or involved in the family finances, this step is especially important—you need to become familiar with the ins and outs of the family budget so that you can get a picture of what your post-divorce finances will look like.

Step 3: Gather Your Financial and Other Documents

Now that you know where to look, you'll need to begin gathering documents about your finances. You'll also want to gather documents that relate to your marriage, your children, and your household in general.

Step 4: Inventory Personal and Family Possessions

Make a list of items that that have value to you and that you might want to keep after the divorce, such as jewelry or hobby-related items. You'll also want to make an inventory of major items that belong to the family, such as cars, appliances, furniture, and artwork.

Step 5: Begin Planning Your Financial Future

In addition to gathering important marital and financial documents, stay-at-home spouses should:

Step 6: Begin Planning Your Personal Future

Obviously, figuring out how you'll get to see your children will be one of your top concerns as a divorcing stay-at-home mom or dad. Custody and visitation make for one of a few non-financial—but very important—topics to think about as you prepare for divorce.