Anonymous wrote:

Anonymous wrote:This is a mistake, OP.

As pp mentioned above, the big thing will be child support. There is a formula to follow -- with a child, it will be 28% of the higher earner's spouse minus 58% of the lower earning spouse's income, and it will be due until the child is 18 or finishes high school (and in some states it is higher). You will need to file several affidavits attesting to certain things (you're of age, you're of sound mind, you're not in the military [unless you are, in which case the filing gets a little more complicated].) As pp notes above, you will need a witness.


Another thing to consider: You may come up with all kinds of things your MSA that are not enforceable in court. And in 5 or 6 years, you won't be the same people you are now and you or your spouse may want different things. My girlfriend's ex, for example, decided this week to sue her for full custody of their 13 year old (they have been separated for 10 years and divorced for 7). Why? Because he wants to move into a new house and doesn't want to pay child support anymore. He'll probably lose, but it's still going to be a nasty and expensive fight. I realize you're sitting there going, "oh, we would never do that." And maybe you won't. BUT, maybe you will.

Nearly everyone in this process says something like I don't want to involve lawyers. But they know the law -- you don't. And there is a lot of misunderstandings out there. For example, you need to ensure an equitable division of assets including any home, retirement assets, pensions, etc.

This is good advice OP. It really depends on how amicable you are with your soon to be ex I guess, but a friend of mine divorced fairly amicably about 5 years ago and now the dad is remarried since last year and suing the mother, my friend, for custody of their 12 yo and 9 yo because he doesn't want to pay child support anymore. You just don't know how things can change in the later years.

Anonymous wrote:This is a mistake, OP.

As pp mentioned above, the big thing will be child support. There is a formula to follow -- with a child, it will be 28% of the higher earner's spouse minus 58% of the lower earning spouse's income, and it will be due until the child is 18 or finishes high school (and in some states it is higher). You will need to file several affidavits attesting to certain things (you're of age, you're of sound mind, you're not in the military [unless you are, in which case the filing gets a little more complicated].) As pp notes above, you will need a witness.


Another thing to consider: You may come up with all kinds of things your MSA that are not enforceable in court. And in 5 or 6 years, you won't be the same people you are now and you or your spouse may want different things. My girlfriend's ex, for example, decided this week to sue her for full custody of their 13 year old (they have been separated for 10 years and divorced for 7). Why? Because he wants to move into a new house and doesn't want to pay child support anymore. He'll probably lose, but it's still going to be a nasty and expensive fight. I realize you're sitting there going, "oh, we would never do that." And maybe you won't. BUT, maybe you will.

Nearly everyone in this process says something like I don't want to involve lawyers. But they know the law -- you don't. And there is a lot of misunderstandings out there. For example, you need to ensure an equitable division of assets including any home, retirement assets, pensions, etc.

Anonymous wrote:1. Write up an MSA (martial settlement agreement, where you break down all financials and what you will do with the childern, health insurance.. xyz)
2. File a complaint for divorce
3. Submit deposition of written questions where two people testify you are divorcing
4. File the Final Order with a private addendums and vs-4 form
5. Wait three or so weeks and call back to the court to check on your order, once filed then yay officially divorced (get a certified order)

You have to wait 1 year from the separation date

You can find ALLL of these forms online at your district court website

If any of these are confusing, call a family lawyer

Anonymous wrote:Write it all up for the judge who will ask few more questions you both didn't know to think of and good to go.
Nobody asked for a lease. We both agrees that I had moved out and when and the judge took note.
One of us ended up paying child support even with 50/50 custody but it's minimum. The faster he can move out and you all can agree on everything, the faster the judge can sign it off. No lawyers needed.