Other Issues

Other Issues

DISCLOSURE: It is required under law that both spouses provide the other with all information related to their property, income, assets, and debts. This is called Full Disclosure. Failure to fully disclose all relevant information or concealing information can lead to serious problems, so be very precise in listing all assets, debts, income, and property. There are two disclosure forms which will be generated:

• Preliminary Declaration of Disclosure - Within 60 days of filing the petition, the petitioner must serve the other spouse with this form. It preliminarily lists all your debts, assets, income, and property.
• Final Declaration of Disclosure - Both parties must serve this form on the other party prior to signing an marital settlement agreement. If any changes have occurred from the Preliminary Declaration of Disclosure, they should be made on this form. Furthermore, the Final Declaration can be waived by both parties if a marital settlement agreement is signed.

HEALTH INSURANCE: Unless it is agreed and included in a marital settlement agreement, one spouse covered by health insurance is not required to pay health insurance premiums for the other spouse upon the dissolution of the marriage. However, the spouse without coverage is given the right to continue the insurance coverage at his or her own expense up to 3 years at the same or similar rates. In order to exercise this right, the non-covered spouse must notify the other spouse's insurance plan administrator of the election to continue coverage within 90 days after entry of the final judgment.

FILING COST: Mandatory court filing fees for divorces cost an average of $100. If a response is filed, an additional amount of approximately $100 will also be required.

ALIENS and NON-U.S. CITIZENS: Resident aliens who are divorced after less than 2 years of marriage may lose their resident status. In addition, any children may be deported. You should seek an attorney.

CONFIDENTIAL COUNSELING: Some counties have a Conciliation Court. These courts are designed to provide free counseling or cheap counseling for couples who desire it. Your first visit is usually free, but it is never mandatory.

COMPLEX ISSUES: If your divorce involves complex issues, you should seek an attorney or other professional to assist you. Examples of complex issues are:

Assets and Debt
	One spouse transferring assets to themselves without permission
	An unequal division of assets
	Assets being sold without permission
	The possibility of hiding assets
	Valuing stock options and pension plans which require a certain length of employment
	Lots of debt
	Considering bankruptcy

Spouse
	Immediate threat of harm to you or your children,
	One spouse does not agree that a child is theirs,
	You and your spouse cannot agree to divide property or decide on the best interest for your children, even after numerous attempts,
	You or your spouse are active in the military
	The spouses cannot agree on a date of separation
	If one spouse put the other through school or training.