Stay at home moms divorce is an unfamiliar concept because it involves a lot of thinking and reasoning before taking this extreme step because when you’ve formed your life around your relationship and family, simply the thought of abandoning it can make you feel like a complete fraud.
If you’re a stay-at-home mom, how do you prepare for divorce?
Check this article to find out more.
How Does a Stay at Home Mom Get a Divorce?
Preparing for divorce entails much more than simply dialing an attorney’s number. There are emotional, financial, legal, and, of course, parenting considerations to consider. It entails determining what life will be like when everything is said and done, as well as preparing your children for the transition. There are extra issues about income for stay-at-home moms.
Money, after all, does seem to make the world go round. Marriages in which both partners have their own careers and earnings are less likely to result in divorce, according to studies. Being the sole breadwinner for your family can be quite stressful.
If you’re a stay-at-home mom who’s trying to figure out how to prepare for divorce, the unknown — what happens after divorce — might seem more precarious than it does for other women because it suddenly feels like there’s no safety net. Even if the decision to stay at home and care for your home and family or to allow your partner to handle the family money was mutual, there is a deep sense of humiliation when you realize it’s a life you don’t want.
However, you are free to desire something different for yourself. You have the freedom to look ahead and create the life you want. We’re here to remind you that everything is possible and that you can do it.
When it feels that the main question you’re asking yourself isn’t whether or not you should seek a divorce, but rather whether or not you can get a divorce?
What Are the Steps to Get the Divorce?
Follow the given steps to start the stay at home mom and divorce:
– Have a Self-Discussion
Start by giving yourself permission to have a discussion with yourself (your actual self, that voice you’ve been neglecting) if you’re wondering how to prepare for divorce as a stay at home mom. Please take your time.
Thinking about divorce process is not the same as really getting divorced. While you may feel lonely and alone at this time, the truth is that you are far from it. There are a lot of other ladies out there who are in the same boat as you — or who have previously gone through their own divorce and discovered that there is life after divorce.
A coach can help you find your footing, give you a sense of where you’re at, and assist you to understand how to make decisions. If necessary, they may suggest which questions to ask your lawyer and assist you in prioritizing and sequencing the measures you need to take to handle not only your legal circumstances, but also your emotional, financial, maternal, and practical requirements.
– Deciding the Way to End the Marriage
It’s understandable to be concerned about fighting your divorce in court, which might cost thousands of dollars in legal bills. Because they can’t afford to hire a lawyer, many stay-at-home parents are tempted to avoid court and save money by accepting a terrible divorce settlement
However, there are various alternatives to incurring the costs of a costly fought divorce, including divorce on your own, divorce mediation, collaborative divorce, and lawsuit sponsored by your spouse are all options.
– Collect Financial Documents and Records
When a divorce is on the horizon, it’s time to assess your financial condition as a family. This phase is especially crucial if you haven’t been handling or participated in the family money — you’ll need to learn the ins and outs of the family budget so you can have a sense of how your post-divorce finances will look.
You must determine the following for your family: recurrent bills, such as mortgage payments, utility bills, and subscriptions, and any other financial assets and debts bank accounts credit cards loans and debt sources of income retirement accounts.
Begin compiling lists of all these objects, taking careful note of details like which banks handle your accounts. Attempt to obtain the usernames and passwords for any online accounts you utilize.
– Accumulating the Right Papers
You’ll need to start accumulating financial records now that you know where to search. You should also acquire documentation pertaining to your marriage, children, and your family as a whole.
For instance, start collecting and copying papers like:
- Identification documents for your spouse and children, such as driver’s licenses and social security cards
- Statements of retirement accounts
- statements of bank accounts
- Statements for mortgages and other loans
- statements from credit cards
- Statements for continuous large costs, such as automobile and tuition payments, for the last five to ten years’ tax records
- health insurance cards and records, life insurance records, paystubs, and any other documentation that could help a court understand your family’s income and situations.
Even if you and your spouse are on good terms, take precautions to safeguard your interests now in case things change. It’s critical to create copies of these documents as quickly as possible, whether digitally or on paper. Keep the copies in a secure place, if you and your spouse share email, document storage, or social networking accounts, consider creating separate, password-protected accounts.
A divorce advice for stay at home mom is that they should gather vital marital and financial paperwork. Make a budget based on their estimated post-divorce income. Prepare information regarding their work experience, education, and future employment possibilities following the divorce.
Examine possible sources of post-divorce income and begin exploring employment prospects if necessary, and review their credit report and credit score.
– Think About Your Future Finances
We live in a time when women and mothers have never had more opportunities. The economy, as well as feminists before us, have created a situation in which women are no longer reliant on men. Having the freedom to work, earn, and live.
However, this is easier said than done, especially if you have children at home who require childcare, if you’ve been out of the job market for a long time and your skills are outdated, or if you lack the abilities or education to secure a position that pays more than minimum wage. This is something you should address with your lawyer, who should be able to help you with this element of your stay at home mom divorce.
Stay at Home Mom Divorce Rights
There are various rights such as child custody rights, alimony, and maintenance rights that a stay at home mom can exercise.
These rights are explained in detail below:
- Custody in divorce
- Stay at home mom divorce alimony rights
- Right to share in assets and debts
Right to Custody in Divorce for Stay at Home Mom
If all other factors are equal, and you don’t have a major mental health or addiction problem, stay-at-home moms who divorce will most likely share custody of their children with the other parent. Legal and residential custody are the two categories of custody, since legal custody refers to the authority to make decisions about the children’s health, safety, and welfare.
– Residential Custody
In various states, both parents are presumed to have joint legal custody, as for the youngsters, who are primarily housed in residential custody. Prior to the divorce, the parent with primary residential custody was usually the one who provided the majority of the care and responsibility for the children. Residential custody arrangements are divided into two categories: single custody and joint custody.
– Non-custodial Parent
In a solo parenting situation, the non-custodial parent spends on average less than two overnights per week with the children. The non-custodial parent spends two or more overnights with the children on average each week in a shared parenting situation. With the assistance of your attorney, you will determine how your specific circumstance will play out.
Make a list or keep a record of your activities and child-care obligations, according to our stay-at-home mom divorce advice. Make a note of the other parent’s schedule if he or she spends little time with the kids or travels regularly outside the home. These details will be crucial in determining who was the primary caregiver prior to the divorce.
The court can provide either type of custody to both parents, joint custody, or one parent, (sole custody). If both parents agree on a custody agreement, the court will usually allow it if it is in the child’s best interests.
– Custody Order
When parents cannot agree, a judge will construct a custody order based on a state-mandated review of factors. If the court grants one parent sole physical custody, the judge will set up a parenting time (visitation) schedule for the kid and the non-custodial parent.
That is why it is important to consider what type of custody arrangement would be most beneficial to you and your children. Many courts will force you to participate in child custody mediation if you and your husband can’t figure it out on your own. Even if the court does not require mediation, you can always hire a mediator to help you and your husband reach an agreement on child custody.
Additionally, consider how you and your husband will split parenting time during the divorce. While waiting for the court to finalize the divorce, a temporary custody agreement or order can give some short-term stability for the children by establishing a plan that both parents must follow.
Stay at Home Mom Divorce Alimony Rights
It is important for the attorney to include money in your alimony arrangement so you can return to school or attend programs to recertify in your field. If you haven’t kept up with the latest technology, you may also require more training. You should have enough time and finances to retrain and get back into the workforce.
Alimony (sometimes known as “maintenance” or “spousal support“) is a court-ordered payment made by one spouse to the other during and after the divorce process. Payments are normally made monthly, but the court may impose a lump-sum payment in some cases.
– Granted Alimony
In most states, judges grant alimony when one spouse is unable to support herself or when there is a considerable economic disparity between the two couples. In some areas, judges can also grant alimony to spouses who require financial assistance while attending college or learning critical job skills to re-enter the workforce.
Long-term alimony is sometimes ordered by judges, particularly when a stay-at-home spouse’s career prospects are limited. Long-term alimony is normally reserved for spouses who have been married for a long time and are unable to support themselves.
In different states, there are several different types of alimony, and your lawyer can help you figure out which one is best for your situation. Limited Duration or Term Alimony, Open Durational Alimony (also known as Permanent Alimony), Rehabilitative Alimony, and Reimbursement Alimony are some of the options available.
Most stay-at-home moms separating are searching for the restricted duration or term alimony, or open durational alimony, in the most prevalent scenario we find. Although many lawyers employ a formula as a rule of thumb, there is no formula for determining how much alimony you will receive.
– Marital Lifestyles and Prospective Budgets
It is important to look at the 13 statutory alimony considerations, your different marital lifestyles and prospective budgets, each individual’s ability to offset their own budgetary demands with their income, and whether that person still needs alimony after applying their income.
Due to the statute expressly mentions it, determining the amount of time you will receive alimony is easier. If you have been married for fewer than 20 years, the maximum amount of alimony you can receive is equal to the length of your marriage.
To clarify further, if you have been married for 13 years, you can only get alimony for another 13 years. If you’ve been married for 20 years or more, you’re eligible for open durational alimony (which we used to call permanent alimony).
These term restrictions, however, are neither automatic nor guaranteed. Remain at home. Moms seeking divorce advice should consult with a family law attorney who has earned a specialist certification.
Rights to Share in Assets and Debts
Equitable distribution refers to how assets and debts are divided in a divorce. A stay-at-home mom who does not work outside the home is not penalized in any manner under some state law when it comes to participating in the marital assets.
In fact, the statute considers the non-financial contributions of the dependent spouse to the marriage, such as child care and household duties. Hence, stay-at-home moms divorcing in this state have nothing to be concerned about, in some circumstances, however, there is no inevitable equal distribution of assets. However, you should expect that any assets acquired during the marriage (regardless of how they are named) will be split equally.
– Additional Considerations Regarding Keeping After Divorce
Make a list of valuable goods that you might want to keep after the divorce. You should also prepare a list of the family’s key possessions, such as cars, appliances, furniture, and artwork. Remember to account for goods stored outside of your homes, such as storage sheds or safe deposit boxes.
Although there’s no assurance that you’ll be able to keep anything you desire after the divorce, keeping a comprehensive list of valuables now will help you remember to mention them in any settlement agreement or court proceeding. Additionally, if you feel your spouse is attempting to hide assets, cataloging the goods now will assist you in the future.
Making a list of things you’ve always wanted to do or accomplish is a wonderful idea during a divorce.
Divorce can lead to fresh possibilities to tick these boxes, even if it seems unattainable right now, hence, we conclude the following:
- Preparing for divorce entails much more than simply dialing an attorney’s number. There are emotional, financial, legal, and, of course, parenting considerations to consider. It entails determining what life will be like when everything is said and done, as well as preparing your children for the transition.
- Stay-at-home couples should also gather vital marital and financial paperwork. Make a budget based on their estimated post-divorce income. Prepare information regarding their work experience, education, and future employment possibilities following the divorce.
- Make a list or keep a record of your activities and child-care obligations, according to our stay-at-home mom divorce advice. Make a note of the other parent’s schedule if he or she spends little time with the kids or travels regularly outside the home.
- In different states, there are several different types of alimony, and your lawyer can help you figure out which one is best for your situation. Limited Duration or Term Alimony, Open Durational Alimony (Permanent Alimony), Rehabilitative Alimony, and Reimbursement Alimony are some of the options available.
- In some circumstances, however, there is no inevitable equal distribution of assets. However, you should expect that any assets acquired during the marriage (regardless of how they are named) will be split equally. There are extra issues about income for stay-at-home moms.
Read all the requirements and considerations to be kept in mind before taking a divorce as a stay at home mom.
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