The Separation Guide

Оглавление

David R. Greig. The Separation Guide

THE SEPARATION GUIDE: Know Your Options, Take Control, and Get Your Life Back

Introduction

An Important Note about This Book

1. The Role of The Lawyer and The Litigant

1. Similar Cases; Extremely Different Results

2. Understanding The Situation — Litigation May Not Be Necessary

3. Think Positive About Your Divorce

1. Encouragement

2. Communication

3. Why Can’t Couples Settle Immediately after They Separate?

4. You Can Be Happy with Your Divorce

4. What You Need To Know About Hiring Legal Counsel

1. When Should You Hire a Lawyer?

1.1 Before you separate

1.2 Before you sign any documents

1.3 If something doesn’t feel right

2. How to Find a Lawyer

2.1 Prepare for the initial interview

3. Retainers and Legal Fees

4. If There’s Fear or Violence in the Relationship

5. Don’t Make Any Decisions in Haste — Consult with Legal Counsel First

6. Still Not Convinced to Seek Legal Counsel?

7. When Don’t You Need to Hire a Lawyer?

7.1 When you tell your spouse you want to separate

7.2 When you are dealing with everyday minor family issues

7.3 When you need financial advice

7.4 When you need psychological counseling

8. Consider Other Dispute Resolution Options

9. Circumstances in Which an Amicable Divorce May Not Be Possible

9.1 The inveterate liar

9.2 The psychologically unstable spouse

9.3 The physically disabled or abused spouse

10. An Important Note about Confidentiality and Privilege

11. Firing Your Lawyer

5. Marriage And Separation Counselling

6. Getting Started

1. Where, When, and How Will You Announce Your Intention to Separate?

2. What Are Your Objectives?

3. Who Will Be Present During Your Discussions?

4. Have You Prepared a Statement of Issues (or Agenda)?

5. Have You Prepared a Statement of Assets and Liabilities?

6. What If Your Spouse Refuses to Accept the Separation, or Refuses to Talk Settlement?

7. Record Your Progress — The Separation Agreement

7. Disclosure

1. Nondisclosure Is a Crime

2. Undervaluing Assets

3. Disclosure: Common Sense Principles

4. Situations in Which Disclosure Is Not Simple

8. Assets

1. The Family Home

2. Pensions

3. Property Transfers

4. Family Business or Company

4.1 Valuation and compensation of a business interest

5. Resolve Liability Issues

9. Negotiating Who Gets What

1. Dividing the Small Household Items

2. What to Do When You Come Across Obstacles in the Negotiation Process

3. Conduct and Other Allegations

4. Signing the Agreement

4.1 Parties of the agreement

4.2 The parties must be competent to sign the agreement

4.3 Sign the agreement in front of two witnesses

10. The Divorce

1. The Necessity of Legal Advice When It Comes Time to Divorce

2. Divorce Costs

3. Post-Divorce Problems

11. Changing The Agreement

12. Update Your Will

Resources

About the Author

Notice

Self-Counsel Press thanks you for purchasing this ebook

Contents

Отрывок из книги

In some Mexican tourist destinations, the Customs and Immigration authorities at the airport use a very low-tech method of deciding which visitors will be searched. As travelers near the exit from the airport, they are required to push a large button adjacent to the exit turnstile. The button controls a mechanical device which illuminates a nearby light randomly. It resembles a big indoor traffic light. The light is watched closely by all. About half of the visitors will quite accidentally trip a green light. Their holiday starts immediately. They pass outside the airport and off to vacation spots in pursuit of happy times. The other half will get a red light. Their fun must wait while the family luggage is searched for contraband.

Marriage is like that. Half of all marriages in North America end in divorce. If you are married now, there’s almost a 50 percent chance that some random event which is about to occur will cause your red light to be illuminated. If that light goes on, then, like the unfortunate traveler, you’ll soon be victimized by an authority figure who will be looking through your underwear. But it won’t be a Mexican Customs officer — it will be your spouse’s lawyer. And the lawyer won’t be looking for contraband — he or she will be looking for anything. Anything at all!

.....

There are many reasons to avoid litigation. Some of the most common reasons are financial. However, some of the best reasons for avoiding a lawsuit have nothing to do with money.

Civil litigation is a process that should be utilized for resolving disputes which cannot possibly be resolved by any other means.

.....