Your Divorce Action Plan
Your Divorce Action Plan
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Free Resources (no commissions being made, just free stuff)

  • Court Forms and how to find your state forms
  • Make your "Life Map" and get a birds eye view
  • Take a Quiz or personality test
  • Stress Relief Apps & Websites
  • S.M.A.R.T. goals
  • Instant Mood Boosters!
  • FAQ
  • Divorce Process Chart
  • Child Custody Trial Preparation
  • Divorce Court and Submitting Evidence
  • Post Divorce Motions
  • Captains Blog - How to Find a GOOD attorney

FREE help with court forms, parenting schedule & wellness

Free court forms

Apps! Overcome negative thoughts, stress, & lifes challenges

Your Life Map & Quiz!


Find your county courts self help page. Usually by typing your states abbreviation followed by Courts.gov (NJCourts.gov)


or


Search: "divorce forms by state" in Google or another web browser. Or just enter your state name for free divorce forms.

  

or check out this online form you fill out and select your state:



  • Find a lawyer near you


  • Child Support Enforcement (USA)


  • Domestic Violence Hotline Website


  •  1−800−799−SAFE(7233) 
  • Domestic Violence Emergency call now


Contact us to help you customize a divorce agreement and help you with post divorce goals. 


Add our Divorce Action Plan Kit to your free forms and resources to tailor your agreement in your families best interest. Don't miss out on what you are entitled to with missing information on standard premade forms. Customize it with our Kit.

Your Life Map & Quiz!

Apps! Overcome negative thoughts, stress, & lifes challenges

Your Life Map & Quiz!

Get perspective on your 

  • core values
  • what shaped them 
  • and where you stand now 
  • Learn how this can help you reach your goals.


https://personalvalu.es/personal-values-test


Download our popular and super fast and very easy, Pdf, that gives you a birds eye view of your life on a map! Find it below in our files for an instant download.


Very revealing to analyze the highs and lows of what shaped you. 


Take the helm and be your captain with this fun exercise below!

ONLY LOOK AT THE FIRST PAGE and don't peek ahead until instructed.

Click on:

The Sailboat PDF file below

Apps! Overcome negative thoughts, stress, & lifes challenges

Apps! Overcome negative thoughts, stress, & lifes challenges

Apps! Overcome negative thoughts, stress, & lifes challenges


Overcome stress website

https://www.happify.com/


Step Into Your Greatness

https://www.mindvalley.com/?otag=desktopnewmembership2


Meditations

https://www.headspace.com


https://www.wakingup.com/


https://www.calm.com/


Mindfulness will help you be more present in your day to day life.


Breathing Exercises:

Breathing is a pathway into our nervous system


Holotropic Breathwork benefits and risk

https://www.verywellmind.com/holotropic-breathwork-4175431


Holistic Health-Breathwork

https://www.somabreath.com/


Wim Hof Method of breathing

https://www.wimhofmethod.com/breathing-exercises


Personality Tests

https://www.16personalities.com/free-personality-test


https://www.truity.com/test/type-finder-personality-test-new


https://practicalpie.com/myers-briggs-type-indicator/


http://www.onlinepersonalitytests.org/disc/


https://www.123test.com/disc-personality-test/


Smart Goals

Try This! Mood Boosters!

Apps! Overcome negative thoughts, stress, & lifes challenges

Set S.M.A.R.T. goals-

 

Your goals should be:


  • Specific: What is the specific result desired?
  • Measurable: How will you reach your goal?
  • Achievable: Is this a goal realistic?
  • Relevant: Does the goal address important issues?
  • Time-Bound: Is there a start and end point to the goal?

Try This! Mood Boosters!

Try This! Mood Boosters!

Try This! Mood Boosters!

FAQs

Try This! Mood Boosters!

Try This! Mood Boosters!

sail boat marina

Q: Is there an advantage to filing for divorce first?


A: No legal advantage. BUT, the person who files first has more time to think about the process, seek counsel, inventory shared assets or joint accounts, collect essential documents, and do it all on their time. They tend to be more emotionally prepared for the process. As k you coach about another reason why you may want to start the process of divorce first and it doesn't include filing first (which does cost a filing fee).



Standard Divorce Process Chart

Trail Preparation-High Conflict Divorce

Child Custody Trial Preparation

 

Here's a simplified chart outlining the general steps involved in a divorce process. It's important to note that divorce procedures can vary depending on the jurisdiction and individual circumstances, so this chart should be considered as a general guide.


  1. Initial Considerations:
    • Determine eligibility for divorce based on residency requirements.
    • Consider alternative dispute resolution methods, such as mediation or collaborative divorce.

  1. Consultation with an Attorney:
    • Seek legal advice from a qualified family law attorney.
    • Discuss your rights, obligations, and options.

  1. Petition and Response:
    • Petitioner files a divorce petition or complaint with the appropriate court.
    • Serve the divorce papers to the other spouse (respondent).
    • Respondent submits a response to the petition.

  1. Temporary Orders:
    • Request temporary orders for child custody, support, spousal maintenance, and property use during the divorce process.
    • Attend hearings to determine temporary arrangements.

  1. Discovery:
    • Exchange financial information and relevant documents.
    • Identify and evaluate marital assets, debts, and property.
    • Consider valuation of assets, if necessary.

  1. Negotiation/Settlement:
    • Attempt to negotiate a settlement agreement with the assistance of attorneys or mediators.
    • Discuss division of assets, child custody and visitation, spousal support, and other relevant matters.

  1. Court Hearings:
    • If a settlement is not reached, attend court hearings to present arguments and evidence.
    • Address contested issues such as property division, child custody, and support.

  1. Mediation or Alternative Dispute Resolution (ADR):
    • Consider participating in mediation or ADR processes to resolve outstanding disputes.
    • A neutral third party assists in facilitating negotiations and reaching agreements.

  1. Trial:
    • If all attempts at settlement fail, proceed to trial.
    • Present evidence and arguments before a judge.
    • The judge makes decisions on unresolved issues.

  1. Final Judgment:

  • Receive the final divorce decree or judgment from the court.
  • The judgment outlines the terms of the divorce, including property division, child custody, support, and other relevant orders.

  1. Post-Divorce Matters:

  • Implement and comply with the terms of the divorce decree.
  • Address any post-divorce issues, modifications, or enforcement matters if they arise.


It's important to consult with a family law attorney or seek legal advice specific to your jurisdiction to understand the divorce process in detail and ensure compliance with local laws and regulations.


Our Divorce Action Plan Kit will help customize your plan.


Child Custody Trial Preparation

Trail Preparation-High Conflict Divorce

Child Custody Trial Preparation

  

Preparing for a child custody trial can be a daunting task, but with careful planning and organization, you can increase your chances of presenting a strong case. Here are some steps to help you prepare for a child custody trial:

  1. Familiarize Yourself with the Laws: Understand the child custody laws specific to your jurisdiction. Research and consult with a family law attorney to fully comprehend the legal framework and factors considered in determining custody.
  2. Gather Relevant Documents: Collect all relevant documents that support your case, including:
    a. Child-related documents: School records, medical records, extracurricular activity records, and any relevant documentation that highlights your involvement in your child's life.
    b. Communication records: Gather emails, text messages, and any other written communication between you and the other parent that may be relevant to your case.
    c. Witnesses: Identify potential witnesses, such as teachers, caregivers, or family members, who can provide testimony supporting your capabilities as a parent.
  3. Document Your Interactions: Maintain a detailed record of interactions and incidents related to the other parent's behavior, particularly if it negatively affects the child's well-being. This includes instances of missed visitations, inappropriate conduct, or any other concerns you may have.
  4. Create a Parenting Plan: Develop a detailed parenting plan that outlines your proposed custody arrangement, including schedules, visitation plans, and any special considerations. Ensure that your plan focuses on the child's best interests and provides stability and support.
  5. Consult with Professionals: If necessary, seek the guidance of professionals, such as a child custody evaluator, therapist, or counselor, who can provide expert opinions or evaluations that support your case.
  6. Maintain a Positive Lifestyle: Create an environment that demonstrates your ability to provide a stable and nurturing home for your child. This includes maintaining a clean and safe living space, being involved in your child's activities, and promoting a healthy and positive lifestyle.
  7. Work with Your Attorney: Collaborate closely with your family law attorney to develop a strong case strategy. Share all relevant information, discuss your goals, and follow their advice regarding the presentation of evidence and legal arguments.
  8. Attend Mediation, if Required: In many jurisdictions, mediation is mandatory before a trial. Attend mediation sessions with an open mind, but be prepared to negotiate and advocate for your child's best interests.
  9. Practice Self-Care: Going through a child custody trial can be emotionally and mentally challenging. Take care of yourself by seeking support from friends, family, or a therapist. Maintain a healthy lifestyle, engage in stress-reducing activities, and focus on self-care to stay emotionally balanced.


Remember, each custody case is unique, and the steps involved may vary based on your specific circumstances and legal requirements. Consulting with a qualified family law attorney is crucial to understanding the legal process and developing a strong case strategy.



Our Divorce Action Plan Kit includes custody arrangements and trial prep. Use it to customize your plan and share with your attorney.


Trail Preparation-High Conflict Divorce

Trail Preparation-High Conflict Divorce

Trail Preparation-High Conflict Divorce

  

 Trial Court Rules: Trial court rules vary by jurisdiction, so it's important to familiarize yourself with the specific rules that apply to your case. These rules typically govern the conduct of the trial proceedings, including the presentation of evidence, courtroom decorum, and the timing and format of various motions and objections. You can usually find these rules in your jurisdiction's civil procedure code or local court rules.

Some common trial court rules include:


  1. Rules of Evidence: These rules determine what types of evidence can be presented, how it can be introduced, and the standards for its admissibility. They often cover areas such as relevance, hearsay, authentication, expert testimony, and the use of exhibits.
  2. Rules of Civil Procedure: These rules govern the general procedures for civil trials, including the filing of pleadings, discovery, motions, pre-trial conferences, and the conduct of the trial itself.
  3. Rules of Courtroom Conduct: These rules outline the expected behavior and decorum in the courtroom, including rules regarding attire, addressing the judge, speaking objections, and proper courtroom etiquette.


Objections in Trial Court: During a trial, objections are raised to challenge the admissibility or relevance of evidence, question the legal sufficiency of an argument, or raise procedural issues. Some common objections include:


  1. Relevance: An objection may be raised if the opposing party presents evidence or asks a question that is not relevant to the issues at hand. The objection asserts that the evidence or question does not have any bearing on the case.
  2. Hearsay: Hearsay is an out-of-court statement offered for the truth of the matter asserted. An objection can be raised if the opposing party attempts to introduce hearsay evidence, unless it falls under a recognized exception.
  3. Leading Questions: Leading questions are those that suggest the desired answer or contain information within the question itself. Objections can be raised if an attorney asks leading questions during direct examination, as they are generally reserved for cross-examination.
  4. Improper Character Evidence: Objections can be raised if the opposing party attempts to introduce evidence about a person's character that is not directly relevant to the case. This includes evidence of past bad acts or moral character.
  5. Lack of Foundation: If the opposing party presents evidence without establishing a proper foundation, an objection can be raised. This objection challenges the authenticity or relevance of the evidence.
  6. Improper Argument: During closing arguments, objections can be raised if opposing counsel makes statements or arguments that are improper, prejudicial, or outside the scope of the evidence presented.


It's important to note that specific rules and objections may vary depending on the jurisdiction and the type of trial (civil or criminal). Consulting with an attorney who is familiar with the rules and procedures of your jurisdiction will help ensure that you understand and comply with the applicable trial court rules and can effectively raise objections when necessary.



Our Divorce Action Plan Kit includes trial prep tips. Use it to customize your plan and share with your attorney.


Divorce Court and Submitting Evidence

Divorce Court and Submitting Evidence

Trail Preparation-High Conflict Divorce

  

 When submitting evidence in court for a divorce case, it's important to follow proper procedures to ensure the evidence is admissible and effectively supports your position. Here are some general guidelines on how to submit evidence in court for a divorce:


  1. Understand the Rules: Familiarize yourself with the rules of evidence specific to your jurisdiction. These rules govern what types of evidence are admissible, how it should be presented, and any requirements for authentication or foundation.
  2. Gather Relevant Evidence: Compile all relevant documents, records, photographs, or other items that support your case. This may include financial records, property deeds, text messages, emails, medical records, or any other evidence that pertains to the issues in your divorce, such as child custody, division of assets, or spousal support.
  3. Organize and Label: Organize your evidence in a clear and logical manner. Label each item with an exhibit number or letter, and create an exhibit list that outlines the contents of each exhibit.
  4. Authenticate the Evidence: Ensure that the evidence is properly authenticated. This means establishing its authenticity and relevance to the case. For example, if you are submitting a document, you may need to provide testimony or other evidence to prove its origin and accuracy.
  5. Follow Chain of Custody: If the evidence involves physical items, such as personal belongings or financial records, maintain a chain of custody. Document who had possession of the evidence and when, to establish its reliability and prevent tampering or alteration.
  6. Mark Exhibits: Prior to the trial, provide copies of your exhibits to the opposing party or their attorney as required by the court rules. At the trial, when presenting your evidence, refer to each exhibit by its assigned number or letter.
  7. Lay a Foundation: When presenting the evidence, establish its relevance and explain how it supports your claims. You may need to question witnesses or provide context to connect the evidence to the issues in your divorce.
  8. Objections and Rulings: Be prepared for potential objections from the opposing party. If an objection is raised, allow the judge to rule on its admissibility. If the evidence is deemed inadmissible, it cannot be considered by the court.
  9. Offer Copies to the Court: In most cases, the court will want to retain the original exhibits for their records. Provide the judge, opposing party, and their attorney with copies of the exhibits for reference during the trial.
  10. Adhere to Court Procedures: Follow any additional procedures or guidelines provided by the court regarding the submission of evidence. This may include pre-trial disclosure requirements or specific forms to be completed.


Remember, divorce proceedings can vary by jurisdiction, so it's important to consult with your attorney and familiarize yourself with the specific rules and procedures of your local court. An experienced family law attorney can provide guidance on gathering and submitting evidence effectively in your particular divorce case.

Regenerate response
 



Our Divorce Action Plan Kit includes trial prep tips and what evidence to focus on. Use it to customize your plan and share with your attorney.


Filing Post Divorce Motion

Divorce Court and Submitting Evidence

Filing Post Divorce Motion

  Filing a post-divorce motion involves submitting a legal request to the court to address specific issues or seek modifications to the terms of your divorce decree. Here's a general guide on how to file a post-divorce motion:


  1. Understand the Grounds: Identify the grounds on which you are filing the motion. Common reasons for filing a post-divorce motion include changes in circumstances, non-compliance with court orders, or the need for modifications to child custody, child support, alimony, or visitation arrangements.
  2. Review Court Orders and Divorce Decree: Carefully review the court orders and divorce decree that were issued in your divorce case. Understand the terms and conditions that you are seeking to modify or enforce.
  3. Consult with an Attorney: Consider consulting with a family law attorney who specializes in post-divorce matters. They can provide guidance on the legal requirements, specific procedures, and potential outcomes related to your motion.
  4. Draft the Motion: Prepare a written document that outlines the purpose and specific relief sought in your motion. Include the case caption (court name, case number, parties' names), a clear and concise statement of the issues, the legal basis for the requested relief, and any supporting facts or evidence.
  5. Attach Supporting Documents: Include any supporting documents that strengthen your case. These may include financial records, communication records, or other relevant documents that support your claims.
  6. Format the Motion: Format the motion according to the court's rules and requirements. Follow any guidelines regarding font, margins, spacing, and document size. Include a title or heading that clearly indicates it is a post-divorce motion.
  7. Sign and Notarize the Motion: Sign the motion in the presence of a notary public, if required by your jurisdiction. Notarization serves to verify your identity and authenticity of the document.
  8. Make Copies: Make several copies of the completed motion and any supporting documents. You will need copies for the court, the opposing party, and potentially yourself.
  9. File with the Court: Take the original motion and copies to the clerk's office of the appropriate court. Pay any filing fees that may be required. The clerk will stamp the documents with a filing date and provide you with copies for service.
  10. Serve the Other Party: Arrange for proper service of the filed motion and related documents to the other party. Follow the specific service requirements of your jurisdiction, which may include personal service by a process server, certified mail with return receipt, or another authorized method.
  11. File Proof of Service: Complete and file a proof of service form or affidavit to provide the court with evidence that the other party has been properly served with the motion.
  12. Attend Court Hearings: Depending on the rules and procedures of your jurisdiction, you may need to attend one or more court hearings to present your motion and arguments to the judge. Be prepared to provide evidence, respond to questions, and make your case effectively.


Remember, the process and requirements for filing a post-divorce motion can vary by jurisdiction. It's crucial to consult with an attorney or research the specific rules and procedures of your local court to ensure you follow the correct steps and meet all necessary deadlines.

Regenerate response
 


Our Divorce Action Plan Kit includes trial what evidence to focus on. Use it to customize your plan and share with your attorney.


Life Map, Court Roadmap & Reflection Exercise

Life Map - Birds Eye View pdf (pdf)

Download

The-Sailboat (pdf)

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Roadmap Navigation (pdf)

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Copyright © 2024 Divorce Action Plan - All Rights Reserved. For informational purposes only. Not legal advice. LGBTQ friendly. Commissions earned on affiliate links where posted. Consult an attorney for legal advice.

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