Welcome back to Timblings Appear Again Divorce 661's Daily Perspective! This is Episode 5, and today we have some crucial insights to share with you about the divorce process. We're here to help you navigate the challenging terrain of divorce, so stay tuned for valuable information.
Key Takeaways and Practical Advice:
1. Choosing the Right Name for Your Divorce:
When filing for divorce, ensure that the name you use matches the one on your driver's license. Consistency is key.
If there's a discrepancy between your marriage certificate and driver's license names, prioritize the driver's license name.
In cases of significant name differences, consider filing with an AKA (Also Known As) to avoid notarization issues.
2. Handling Post-Divorce Home Ownership:
Keeping the marital home post-divorce can be complicated. It's crucial to plan ahead.
If both parties intend to retain ownership, establish clear terms and triggers for selling the home in the future.
Specify conditions that would lead to a sale, such as a timeline or change in interest rates, to avoid disputes down the road.
3. Understanding Minute Orders:
A minute order is an order drafted by the court clerk after a court action, usually a status conference.
Status conferences are standard if your divorce case isn't progressing as expected.
Don't skip these conferences; they provide an opportunity to resolve issues and keep your case on track.
4. Fee Waiver Updates:
Recent updates to fee waivers make it easier for those unemployed to qualify.
There's now an automatic qualifier checkbox for unemployment, simplifying the fee waiver process.
If one spouse is unemployed in an amicable divorce, consider having them file to avoid court fees altogether.
5. Dealing with a Missing Spouse for Spousal Support:
If you can't locate your spouse, you can still proceed with divorce by serving them through publication.
However, this may pose challenges in establishing spousal support amounts due to a lack of income information.
Request a "prove-up hearing" when submitting your default judgment in court. This allows you to explain your case and provide relevant details.
After obtaining a court order for spousal support, invest in finding your spouse's employment details through a private investigator, Google searches, or other means. This will help you enforce the support order.