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seeking divorce info

lmdavi0's picture

just wondering if anyone knows the law here in kentucky. and no, he's not my cousin, hardy har har. Wink but seriously, we have no kids, i purchased the house by myself before we married, my car is in my name and paid off, and i'm really not worried about the credit card that we shared prior to marriage...i just want something simple and easy, and cheap! plus i have these questions if anyone knows...
1) will the house be considered marital property? meaning, do i have to sell it?
2) if i make more than him, do i pay alimony? i mean, seriously, that is insane...
3) how much is a divorce if we are both agreeable?
4) how long will it take to become official once i file?
5) where the hell do i go to file?
6) do i need a lawyer?
7) can i get a stunt double, please? Smile
thank you all!!!

p.s. oh, and don't know if it matters but we've been married two years, together for 8.

Comments

Anne 8102's picture

1) If you bought it before you married, then no, I don't think you have to sell it. Is the mortgage in your name only? How is it deeded? If his name is on the deed, then he'd need to sign a quit-claim to put the deed back in your name alone.

2) You don't HAVE to pay alimony. If the two of you agree to release each other from any obligation, then no. If he wants to fight it, I guess it's always possible to get a judge to order it, but I would say that's probably unlikely.

3) If both parties agree, you can DIY fairly inexpensively. A lot of localities have templates of the paperwork needed on their websites. If you do your own forms, then I think all you'd have to pay is filing fees, which are relatively cheap.

4) How long depends on the law in your state. With no children, I don't think you have to wait that long. In my state, it's a year if you have children. With no children together, it could be six months or less.

5) LOL, see if your county has court info on the internet. Start there. See if they have guidelines and templates available. If not, call your Clerk of Court for where to go.

6) No, you don't NEED a lawyer, but it probably wouldn't hurt to have one look over your paperwork and let you know that you're protected.

7) Honey, hang in there. A stunt double would cost you more than the actual divorce! Wink

There are lots of websites out there that claim you can go to their site and fill out your paperwork and they will file for you, but I would check with your courthouse first. It will probably be cheaper and easier, especially if you don't have to do a massively complicated property settlement. Some sites, like www.legalzoom.com, offer a guarantee that if it's not done correctly, they will refund your money. If you agree to everything, though, it's probably just as easy to do it yourself with the help of your local courthouse. Also, if you know anyone who works as a paralegal at a family law firm, they may be a good source for advice.

~ Anne ~

"Adjust on the fly, or you're going to cry."
Steve Doocy, The Mr. and Mrs. Happy Handbook

lmdavi0's picture

my name is the only name on everything, no seriously, EVERYTHING, all utilities, all insurance, all IRAs, all house papers. i did see some of those forms online but i didn't know which company was reputable. i will call down to my courthouse and see if i can't file with them; surely, someone will be available to help me. thank you all so much. much love!!!
THIS TOO SHALL PASS

always forgive your enemies, nothing annoys them so much.

lmdavi0's picture

and she said they don't have forms there. that i need an attorney because it is a lengthy and detailed process. yee-haw, sounds fun. so i called the pro bono association to see if i can get a super cheap lawyer friend. i really don't have $1,000 to do this shit. god, please let me win the lotto. even one million would be nice...
Wink

always forgive your enemies, nothing annoys them so much.

sweetthing's picture

My ex & I split the cost so it was 650.00 each. I wanted it & I initiated, but we had discussed it before. We were on the " We will give it a year & if things aren't better we will divorce" for about the last 3 years.

sweetthing's picture

My ex & I did pro se. We worked out awhat was pretty much a 50/50 fair settlement on our own. We were divorced w/in 30 days of filing. I made more money than him but did not have to pay him alimoney. I think that is pretty much a thing of the past. He kept his business & I got the house. I did get screwed slightly as if we had sold the house at the time of the divorce I would have gotten more money for it then later when I sold as the market had declined. We had no children so it was pretty simple, I used the same lawyer my boss & his ex used & he was almost 2 grand cheaper than a guy my aunt recommended so I say shop around a bit.

I had wanted a divorce for years but had been terrified of going through it. Trust me, it was a hell of a lot easier than being married to the man. We were together 9 years & married 6.

You can do it!!!! It is an awful long life to be miserable. I know I will NEVER get those 9 years back. Kind of funny he moped around telling any one who would listen how hard the divorce was on him ( it was his second) my response was well being married to him was awfully hard on me. Smile

Divorcing him was the best gift I ever gave myself.

lmdavi0's picture

but when i got married i really wanted it to be forever and it really sucks that life happened the way it did. but i know that everything happens for a reason and that this wasn't the one for me, you know? it could be worse, at least we don't have children. now i just need to get about 100 cats...
Wink

always forgive your enemies, nothing annoys them so much.

Mary Louise's picture

Get a lawyer - every state is different, but no attorney I know would recommend do-it-yourself forms from the internet. The courts I have dealt with won't accept certain ones and you will ram your head into the walls trying to get court personnel to help you. Anne is spot on about contacting your local courthouse - call the clerks office and ask what paperwork you need and what the current filing fees are. Many courts increase fees in Jan, so you need to check into that so you aren't caught unaware. If you have an atty take care of this for you, their fee will include the filing fees and court costs - and you won't have to even think about what papers to file or any of those details.

Using the online forms would be a good guide for information gathering. If your divorce is uncontested (meaning you have everything! worked out between you, everything agreed upon and all you have to do is sign paperwork)it should be relatively cheap (around $1000, give or take) and painless.

Many states don't even consider alimony unless you have been married for MANY years, so 2 years of marriage probably wouldn't qualify either of you for alimony. Good luck. My uncontested divorce in TN was filed late March and final in the first week of May of that year. Oh - try to get it done before summer so that you don't catch the judges taking their vacations. The month of December is a bad month to file also.....

Candice's picture

diy kits are often end up costing you more than if you hire professionals to do the job. I know $1k sounds like a lot, but...if you spend the money online, or in other kits, then to find out that it won't work anyways, then you're back to square 1, and you still need $1k to file for a divorce.

You can't be a person at their own trade...

I have a friend that was going through a divorce this last summer. She didn't want to hire an attorney thinking that she could negotiate her way, and proceed with the divorce by herself, and her ex hired an attorney. Her ex made less than she, and was bitter about the divorce, and in the end, he dragged feet on selling their house that he couldn't afford, she had to pay him cash for months to cover their mortgage that she signed for, plus other debts, and she had to give him 1/2 of her accumlated 401k that she built up in the marriage (about $10k). I bet there is more that she had to do but was too embarassed to talk about.

Good luck to your situation, I hope you can divorce w/o too much headache.

Candice

Sita Tara's picture

I went with my husband's lawyer and they conspired on a few little things that I wasn't aware of. I gave up virtually everything, but my ex was so hurt he still had to squeeze in a few things I didn't understand (I only recently found out when my sons' SM mentioned it that exH was only paying for one child in CS. I had misunderstood the formula and thought my exH was offering me more than the minimum (when in fact they only showed me the formula for one child.) Stuff like that. Just go with your own attorney to make sure that any generosity you show is not abused.

My only other advice is to let go of anything and everything that truly doesn't matter to you. Otherwise you'll be making both attorneys a lot of money.

In Ohio you have the choice of disilliusion (uncontested and cheaper.) Mine took less than 2 months from time of filing, and cost less than $500 bucks- my exH paid all fees b/c I chose to go without an attorney.

Peace, love, and red wine