Mixed blessing: credit card reform may shock some

February 23rd, 2010 by Julie No comments »

By EILEEN AJ CONNELLY AP Personal Finance Writer

NEW YORK (AP) – Your next credit card statement is going to contain an ugly truth: how much that card really costs to use.

Now, thanks to a long-awaited law that goes into effect Monday, you’ll know that if you pay the minimum on a $3,000 balance with a 14 percent interest rate, it could take you 10 years to pay off.

“Jaws will drop,” said David Robertson, publisher of The Nilson Report, a newsletter that tracks the industry. “I don’t doubt for a nanosecond that it’s going to give a lot of people a sinking feeling in their stomachs.”

That’s not all that will make them queasy.

During the past nine months, credit card companies jacked up interest rates, created new fees and cut credit lines. They also closed down millions of accounts. So a law hailed as the most sweeping piece of consumer legislation in decades has helped make it more difficult for millions of Americans to get credit, and made that credit more expensive.

It wasn’t supposed to be this way. The law that President Barack Obama signed last May shields card users from sudden interest rate hikes, excessive fees and other gimmicks that card companies have used to drive up profits. Consumers will save at least $10 billion a year from curbs on interest rate increases alone, according to the Pew Charitable Trust, which tracks credit card issues.

But there was a catch. Card companies had nine months to prepare while certain rules were clarified by the Federal Reserve. They used that time to take actions that ended up hurting the same customers who were supposed to be helped.

Consumer advocates say the law still offers important protections for the users of some 1.4 billion credit cards.

“We expected some rate increases; we expected some annual fees,” said Ed Mierzwinski of the U.S. Public Interest Research Group, an advocacy organization that lobbied for the law.

To be sure, the law takes effect while credit card companies are still reeling from the recession.

In 2007, the top 12 card issuers earned a combined $19 billion from credit cards, according to The Nilson Report. A year later, amid the financial meltdown, profits for those companies fell more than 65 percent to $6.32 billion. The plunge was largely because defaults ballooned as unemployment soared.

Profit figures for 2009 aren’t yet available. But banks wrote off about $35 billion in credit card debt last year, as the unemployment rate topped 10 percent. Analysts predict the default rate will remain at least twice as high as normal through this year, and longer if unemployment stays high.

At the same time, the law is expected to cut into future profits. FICO Inc., the company best known for its credit scores, projects the average card will generate less than $100 a month in revenue within three years, down from $200 a month before the law.

That helps explain why the industry reacted so aggressively to the legislation. Among the moves it made:

- Resurrected annual fees.

Annual fees, common until about 10 years ago, have made a comeback. During the final three months of last year, 43 percent of new offers for credit cards contained annual fees, versus 25 percent in the same period a year earlier, according to Mintel International, which tracks marketing data. Several banks also added these fees to existing accounts. One example: Many Citigroup customers will start paying a $60 annual fee on April 1.

- Created new fees and raised old ones.

These include a $1 processing fee for paper statements for cards issued by stores such as Victoria’s Secret and Ann Taylor. Another example is a $19 inactivity fee Fifth Third Bank now charges customers who haven’t used their card for six months.

Other banks increased existing fees. JPMorgan Chase, for instance raised the cost of balance transfers from one card to another to 5 percent of the transfer from 3 percent.

- Raised interest rates.

The average rate offered for a new card climbed to 13.6 percent last week, from 10.7 percent during the same week a year ago – meaning cardholders had to pay almost 30 percent more in interest, according to Bankrate.com.

For millions of other accounts, variable interest rates that can rise with the market replaced fixed rates. The Fed is expected to start raising its benchmark interest rates later this year, which would likely trigger an increase on those cards.

Besides making credit more expensive, banks also made it harder to get and keep credit cards. One big reason: Since the financial meltdown, many credit card issuers have been trying to reduce risk.

The number of Visa, MasterCard and American Express cards in circulation dropped 15 percent in 2009, for example. Rarely used cards were among the first cut off. Some cards linked to rewards programs for purchases like gasoline were likewise shut down.

Card companies also slashed credit limits for millions of accounts that remain open. About 40 percent of banks cut credit lines on existing accounts, according to the consultant TowerGroup, which estimated that such moves eliminated about $1 trillion in available credit. Much of that was unused.

Credit lines were frequently cut in regions most affected by the housing crisis and high unemployment, such as Florida and California, said Curt Beaudouin, a senior analyst at Moody’s Investors Service. “They’re not doing it willy nilly, they’re doing it systematically,” he said.

Companies are also making fewer solicitations. Mailed offers for new cards increased in the final three months of 2009 for the first time in two years, but there were only about 575 million. That’s about a third of the average number of quarterly offers from 2000 through 2008, according to Mintel.

Because the law makes credit cards less profitable, some subprime borrowers may not be able to get cards at all, at least for the next few years. There’s no fixed definition, but subprime borrowers generally have a FICO score below 660. For a good portion of this group, options may be limited to alternatives like PayPal and other electronic payment services, prepaid cards and payday lenders.

“Not everyone either deserves or should have an open-ended credit card,” said Roger C. Hochschild, chief operating officer of Discover Financial Services.

Joining those who won’t easily get cards: college students and others under age 21. The law strictly limits card marketing on campuses, ending giveaways like T-shirts and pizza Cards can only be granted to applicants who show they have the means to repay, or those who have a co-signer who can pay.

“Some of the more vulnerable parts of the population are a little bit more protected,” said Georgetown University finance professor James Angel. But he predicts card companies will find ways around most of the new restrictions. And once the economy recovers, he expects the lending spigot to open again.

In the meantime, there is one group of consumers that banks will chase after – those who carry a balance from month to month for at least part of the year, and pay their bills on time. They’re the most profitable and least risky group for banks.

Also a target customer: anyone willing to do more business with the bank that issues their card, say opening a checking or savings account or taking out a mortgage.

“What we want is a deeper relationship with our customers,” said Andy Rowe, an executive vice president with Bank of America’s card business. Customers willing to stick with a single bank may even be able to get annual fees waived or get a better interest rate, he said. “That’s where the competition will be.”

2010-02-22     12:28:49 GMT

Copyright 2010. The Associated Press All Rights Reserved.

The information contained in the AP News report may not be published, broadcast, rewritten or redistributed.

http://news.lp.findlaw.com/ap/f/1310/02-22-2010/20100222043508_14.html

~~ I also heard on the news the night before that there will be a requirement that the credit card companies will be required to provide consumers with a 45-day notice of any changes to their terms such as a raise in interest rates. They warned that we should all be reading our statements carefully in the future so we are not surprised with changes. Better yet, why don’t we read our statements to make sure that if changes take place, they did, in fact, give us 45 days notice.  ~~ Julie

Sympathy No, Understanding Yes

February 19th, 2010 by Julie No comments »

The below comment came in and I felt it necessary to answer it in a very public way. Therefore, this post.

“it astounds me to hear people complaining about the terms of the money YOU borrowed.
Pay your debts back; work two jobs, have some honor to be responsible in your life
instead of pointing to “big corporations” victimizing you.
I have no sympathy for these people.”

I want to thank you for your comment. I understand the way you feel as I used to feel the same way until I was in a position of working my tail off and getting nowhere, still barely able to live and not pay any bills on top of rent, utilities, car payment, car insurance, etc. It would be nice if everyone could find a second job to pay their bills. I know a lot of people who DO work 2-3 jobs and still can’t pay their bills. It has nothing to do with bad financial decisions or even just sitting back and complaining. Many people try and try to pay their bills, but just can’t do it. I see this every day in this city, yet rural area, in which I live and work. Businesses are barely paying minimum wage and costs keep skyrocketing due to the bad economy. People here are out of luck. There are no jobs. Rents keep going up. Medical costs abound. Ex-spouses leave unpaid bills that need to be paid. Credit card companies keep the interest/finance charges/late fees adding up even though they’ve been told to close the account. People are finding themselves in holes that they just can’t get out of.

Living paycheck to paycheck is not fun and when you or your spouse loses a job and there isn’t another one to be had, what are you to do? Sure, you could go to relatives for a loan, but what if your relatives are no better off than you are?

That’s what bankruptcy is for… to wipe the slate clean and start over. It’s never an easy decision for someone to decide to file bankruptcy. It is a very heart-wrenching decision. And believe me, people who come to us for help have exhausted all other avenues. I praise them for their decision. Not because we get paid for preparing the paperwork, but because they have taken a stand not to wallow in never-ending bills, freeing them from unending stress, and being able to better provide for their families.

~ Julie

341 Meetings

February 19th, 2010 by Julie 1 comment »

I’m always asked about 341 hearings and what happens at them. I found this article on the information that the courts require in addition to the original filing of petition and schedule. It would be smart if when you are gathering information for either your lawyer or bankruptcy petition preparer that you gather information to answer these questions as well.
- Julie

What questions can be asked in 341 meetings?

In Bankruptcy by Malik Ahmad, Loan Modification

Required Statements/Questions

1. State your name and current address for the record.
2. Please provide your picture ID and Social Security card for review.
a.If the documents are in agreement with the section 341(a) meeting notice, a suggested statement for the record is:

“I have viewed the original state of [rule;3] drivers license (or other type of original photo ID) and original Social Security card (or other original document used for proof) and they match the name and social security number on the section 341(a) meeting notice.”

b.If the documents are not in agreement with the section 341(a) meeting notice, a suggested statement for the record is:

“I have viewed the original Social Security card (or other original document used for proof) and the number does not match the number on the section 341(a) meeting notice. I have instructed the debtor (or debtor’s counsel) to submit to the court an amended verified statement by [date], with notice of the correct number to all creditors, the United States Trustee, and the trustee, and to file with the court a redacted copy of the notice, showing only the last four digits of the Social Security Number, and a certificate of service.”

c.When the documents do not match the petition, the trustee shall attempt to ascertain why, and shall report the matter to the United States trustee.

d.If the debtor did not bring proof of identity and Social Security Number, the trustee shall determine why.

3. Did you sign the petition, schedules, statements, and related documents and is the signature your own? Did you read the petition, schedules, statements, and related documents before you signed them?
4. Are you personally familiar with the information contained in the petition, schedules, statements and related documents? To the best of your knowledge, is the information contained in the petition, schedules, statements, and related documents true and correct? Are there any errors or omissions to bring to my, or the court’s, attention at this time?
5. Are all of your assets identified on the schedules? Have you listed all of your creditors on the schedules?
6. Have you previously filed bankruptcy? (If so, the trustee must obtain the case number and the discharge information to determine the debtor(s)’ discharge eligibility.)
7. What is the address of your current employer?
8. Is the copy of the tax return you provided a true copy of the most recent tax return you filed?
9. Do you have a domestic support obligation? To whom? Please provide to me the claimant’s address and telephone number, but do not state it on the record.
10. Have you read the Bankruptcy Information Sheet provided by the United States Trustee?

Sample General Questions

1. Do you own or have any interest whatsoever in any real estate?

If owned: When did you purchase the property? How much did the property cost? What are the mortgages encumbering it? What do you estimate the present value of the property to be? Is that the whole value or your share? How did you arrive at that value?

If renting: Have you ever owned the property in which you live and/or is its owner in any way related to you?

2. Have you made any transfers of any property or given any property away within the last one year period (or such longer period as applicable under state law)?
If yes: What did you transfer? To whom was it transferred? What did you receive in exchange? What did you do with the funds?
3. Does anyone hold property belonging to you?
If yes: Who holds the property and what is it? What is its value?
4. Do you have a claim against anyone or any business? If there are large medical debts, are the medical bills from injury? Are you the plaintiff in any lawsuit? What is the status of each case and who is representing you?
5. Are you entitled to life insurance proceeds or an inheritance as a result of someone’s death?
If yes: Please explain the details. If you become a beneficiary of anyone’s estate within six months of the date your bankruptcy petition was filed, the trustee must be advised within fourteen days through your counsel of the nature and extent of the property you will receive. FRBP 1007(h).
6. Does anyone owe you money?
If yes: Is the money collectible? Why haven’t you collected it? Who owes the money and where are they?
7. Have you made any large payments, over $600, to anyone in the past year?
8. Were federal income tax returns filed on a timely basis? When was the last return filed? Do you have copies of the federal income tax returns? At the time of the filing of your petition, were you entitled to a tax refund from the federal or state government?
If yes: Inquire as to amounts.
9. Do you have a bank account, either checking or savings?
If yes: In what banks and what were the balances as of the date you filed your petition?
10. When you filed your petition, did you have:
a. Any cash on hand?
b. Any U.S. Savings Bonds?
c. Any other stocks or bonds?
d. Any Certificates of Deposit?
e. A safe deposit box in your name or in anyone else’s name?
11. Do you own an automobile?
If yes: What is the year, make, and value? Do you owe any money on it? Is it insured?
12. Are you the owner of any cash value life insurance policies?
If yes: State the name of the company, face amount of the policy, cash surrender value, if any, and the beneficiaries.
13. Do you have any winning lottery tickets?
14. Do you anticipate that you might realize any property, cash or otherwise, as a result of a divorce or separation proceeding?
15. Regarding any consumer debts secured by your property, have you filed the required Statement of Intention with respect to the exemption, retention, or surrender of that secured property? Please provide a copy of the statement to the trustee. Have you performed that intention?
16. Have you been engaged in any business during the last six years?
If yes: Where and when? What happened to the assets of the business?

In cases in which debtors are engaged in business, the following questions should be considered:

1.Who was responsible for maintaining financial records?
2.Which of the following records were maintained?
a. Cash receipts journal
b. Cash disbursements journal
c. General journal
d. Accounts receivable ledger
e. Accounts payable ledger
f. Payroll ledger
g. Fixed asset ledger
h. Inventory ledger
i. General ledger
j. Balance sheet, income statement, and cash flow statements
3.Where are each of the foregoing records now located?
4.Who was responsible for preparing financial statements?
5.How often were financial statements prepared?
6.For what periods are financial statements available?
7.Where are such financial statements now located?
8.Was the business on a calendar year or a fiscal year?
9.Were federal income tax returns filed on a timely basis? When was the last return filed?
10.Do you have copies of the federal income tax returns? Who does have the copies?
11.What outside accountants were employed within the last three years?
12.Do you have copies of the reports of such accountants? Who does have copies?
13.What bank accounts were maintained within the last three years?
14.Where are the bank statements and canceled checks now located?
15.What insurance policies were in effect within the last year? What kind, and why?
16.From whom can copies of such insurance policies be obtained?
17.If the business is incorporated, where are the corporate minutes?
18.Is the debtor owed any outstanding accounts receivable? From whom? Are they collectible?
19.Is there any inventory, property, or equipment remaining?

AFPS-Paralegal Expands Services

February 14th, 2010 by Julie No comments »

Hi all!

Due to the state of economy and the cry of the people in rural Nevada, we have expanded our services.

New! – Spanish Interpreter is now on staff. She is a wonderful young lady willing to work with Spanish-speaking people who are finding themselves in a financial bind. She is working with both Family Law and Bankruptcy clients.

New! – Chapter 13 paperwork. We are providing clients who wish to file Chapter 13 the services and help they require. :)

I realize that this particular blog is being overrun with bankruptcy posts. I will be setting up a new blog just for bankruptcy information. Look for the address of the new site in the near future!

I must also apologize for the lag in posts. We have been extremely busy with the expansion and new service offerings. Now that we have extra help, posts will be more regular again.

~ Julie Knight

Colo. bankruptcy cases up a third in ’09

January 11th, 2010 by Julie 1 comment »

Denver Business Journal – by Renee McGaw

Bankruptcy filings soared in Colorado in 2009, as consumers and small businesses struggled to find their footing amid the worst recession in decades.

A total of 25,624 bankruptcy cases were filed in U.S. Bankruptcy Court for the District of Colorado during the first 11 months of the year, up nearly 34 percent from the same period in 2008.

That put the state on track to exceed the 25,776 filings made in 2003, during Colorado’s most recent previous economic downturn.

Nationwide, “we’re looking at a million filings this year,” said John Cimino, a partner with Cimino & Benham LLC in Denver, who specializes in consumer bankruptcy.

http://denver.bizjournals.com/denver/stories/2010/01/04/story1.html

Scotland Bankruptcies on the Rise

January 11th, 2010 by Julie 1 comment »

The economy is in bad shape around the world. ~Julie

Bankruptcy rates in 2010 could reach 24,000

Hundreds of people in Scotland will go bankrupt each week this year, business experts have predicted.

Accountants and business advisers PKF said that about 24,000 would be declared insolvent in 2010.

A similar number of people were made bankrupt in 2009. It is almost double the number of bankruptcies in 2007, when 13,814 people were affected.

PKF warned the pattern was likely to continue for many years as the long term impact of the recession is felt.

Bryan Jackson, corporate recovery partner with PKF, said: “These figures continue to reveal the after-effect of Scots’ love affair with debt over the last decade.

“Given that Scottish personal insolvency currently runs at twice the rate of England and Wales it is clear that the situation is going to continue to be problematic for many people in the coming year.

“Whilst there are signs that the overall bankruptcy numbers are flattening out at around 24,000 people per year this is an astonishing level of personal insolvency which is almost double the level experienced as recently as 2007 in Scotland.

“Some may argue that this is due to the easing of the process of insolvency but this still indicates a very high level of personal indebtedness which new methods only highlight rather than explain.”

PKF predicted that 460 Scots each week will go bankrupt this year.

In the first three quarters of 2009 there were 17,754 Scots made bankrupt, higher than any previous four quarters, aside from 2008 when 19,912 Scots were made bankrupt.

In the three weeks before Christmas 2009, 2,212 were declared insolvent.

This included 639 people who took out protected trust deeds, where a trustee is appointed to liaise with creditors and arrange debt repayment.

Rates rise

The figures were taken from the Edinburgh Gazette, the official journal of insolvency where all personal bankruptcies must be listed.

PKF warned of further financial strain in the year ahead, with unemployment and interest rates expected to rise.

Mr Jackson said this was likely to plunge many homeowners into serious financial difficulties which they might only have been avoiding temporarily due to reduced mortgage costs.

And with the relatively stagnant housing market many, who would previously have used the rising equity in their properties to clear their unsecured debts, may now find themselves without that safety net, he warned.

He said: “The sad news is that this is a pattern which is likely to be repeated, not just in 2010, but for many years to come as the long term impact of the recession and the credit boom continue to be felt by individuals many years after initially incurring their debts.”

http://news.bbc.co.uk/2/hi/uk_news/scotland/8437592.stm

Georgia’s bankruptcy rate ranks 3rd nationally

January 7th, 2010 by Julie 3 comments »

ATLANTA — One in 50 Georgia households declared bankruptcy in 2009 between January and November, leaving the state with the third-highest personal bankruptcy rate in the nation.

Georgia’s crowded federal bankruptcy courts handled 66,925 filings during the first 11 months of the year, a 22 percent increase over the same period in 2008, according to statistics compiled by the National Bankruptcy Research Center.

Only Nevada and Tennessee posted higher rates, according to the center. Personal bankruptcy filings nationwide hit nearly 1.3 million between January and November, up 32 percent over 2008.

High unemployment, the decimated real estate market and a slate of creditor-friendly laws fueled the bankruptcy numbers in Georgia, experts said.

Georgia’s position near the top is nothing new. The state has had one of the nation’s highest bankruptcy rates for years.

What changed for 2009 were the profiles of those filing, with the ranks including plenty of people for whom financial instability is a new experience.

Richard Thomson, a partner at Clark & Washington, a high-volume Atlanta bankruptcy law firm, said that early in the economic downturn his firm took on lots of Realtors and contractors as clients.

“Now other professionals, we’re seeing them come in more and more,” he said. “They are higher income and have a lot more assets, a lot more items like boats and motorcycles and four-wheelers.”

Consumers in financial trouble don’t have the opportunities of the past to stay afloat: New jobs or second jobs are hard to find, and home equity credit lines and credit card limits have been cut.

Howard Rothbloom, a high-profile bankruptcy attorney, said that, unlike in the past, he’s regularly seeing clients who owe more on their homes and cars than they are worth, along with clients who can no longer afford second homes and investment properties.

He said clients have more debt than ever, including significant student loan debt and credit cards with escalating interest rates. He said he’s seeing more men than women who have lost jobs and major income reductions for those who remain employed.

More than half of Georgians filing between January and November opted for Chapter 7 filings, according to the bankruptcy research group. Chapter 7 is liquidation in which most debts are wiped out, but so are assets that aren’t protected by exemptions. Among the exemptions: $10,000 in home equity and a paid-for vehicle worth $3,500 or less.

A Chapter 13 filing, chosen by 47 percent, allows consumers to hold on to a house and car but requires that they repay a portion of their debts.

That split is new in Georgia, which for years has been dominated by Chapter 13 cases rather than Chapter 7 filings.

Georgia’s foreclosure laws play a significant role. The foreclosure process occurs without court or government supervision and takes only weeks. No state has a faster process. A bankruptcy filing is the only realistic option for most Georgians seeking to delay a public auction of their homes.

The Average Filer

The average consumer seeking bankruptcy protection last year was a married white homeowner with an annual income of $43,000, according to statistics compiled by Consumer Credit Counseling Service of Greater Atlanta. This typical consumer has an average of $39,000 in unsecured debt, usually credit cards, on top of secured debts, usually a mortgage and car payment that cost more than $1,600 a month.

Most have run out of options for getting money from anyone but family and friends: The average credit score of those seeking bankruptcy is 529.

Last year’s average bankruptcy filer had debts exceeding assets by about $73,000. In 2008, the average filer wasn’t quite so much in the red, with debts exceeding assets by $57,000.

– Associated Press

http://chronicle.augusta.com/stories/2010/01/03/met_561775.shtml

So. Cal Hit Hard, Bankruptcies Rise Drastically

January 5th, 2010 by Julie No comments »

According to varied sources including the U.S. Bankruptcy courts:

Bankruptcy filings in Orange County rose 65.6% in the first 3 quarters (Jan-Sept) of 2009. This figure represents nearly 1 in 7 bankruptcy filings in Southern California.

California has been one of the states hardest hit by the recession because of its once booming housing market and its large number of subprime mortgage lenders.

December unemployment rate: 12.3%
Orange County unemployment rate: 9.4%

Looking at those figures, 2010 is off to a rocky start for most in Orange County.

- Julie

Nevada Ranks No. 1 in Bankruptcy Filings, Delinquency Rates

December 6th, 2009 by Julie 1 comment »
By Faye Mergel
Published: Saturday, December 5th, 2009

Two reports during Thanksgiving week show how Nevada ’s economy was seriously impaired by the recession. The economy left a very serious mark on the credit report of its consumers, which could affect their financial lives for up to ten years.

According to the Administrative Office of the US courts, Nevada has the highest rate of bankruptcy filings during the fiscal year that ended last September 30. The state’s bankruptcy filings went up to 1.4 million, a 34.5 percent increase from its preceding fiscal year.

Nevada leads the whole United States when it comes to the number of bankruptcies with 10.49 filings per 1,000 persons. The national rate for bankruptcy is at 4.52 filings for every population of 1,000.
Last fiscal year, Nevada was number two in the country for most number of bankruptcies, with a filing rate of 6.39 every 1,000 persons. During the same period, America ’s bankruptcy filings were at 3.38 for every population of 1,000.

During the 2009 fiscal year for Nevada , bankruptcy filings totaled to 27,560—a 64.5 percent jump from 2008.
Unemployment is the major factor expert cite why many Nevadans are carrying bankruptcies on their credit report. As of last month, the state’s unemployment rate is at 13 percent, which is an increase of 7.7 percent. Analysts explained that recession reduced travels to Las Vegas , consequently leading to the drastic decline in Nevada ’s construction and development sector.

Of the 27,560 total bankruptcy filings, 881 were filed by business owners while the rest are personal filings. Majority of personal filings are Chapter 7 liquidations at 19,225.

Meanwhile, credit report issuer TransUnion notes that Nevada leads the nation when it comes to credit card delinquencies during the third quarter. The rate is at 1.98 percent, a significant difference from the national rate of 1.1 percent. That is the ratio of people 90 days or more behind their credit card payment.

TransUnion predicts that the number of Nevadans behind their credit card payment is expected to go down by the end of 2009, but the state is still expected to lead US card delinquency rate at 1.9 percent. A delinquency could remain on a credit report for seven years and could adversely affect the interest rate of a person whenever he applies for credit.

Finance analyst Ezra Becker advises consumers to be more careful with the way they handle their plastic since it is their primary purchasing vehicle during tough economic times. He also notes that most consumers are more aware of that fact, since national debt went down last quarter.

http://www.free-credit-reports.com/credit-report/credit-report-news/nevada-ranks-no-1-in-bankruptcy-filings-delinquency-rates-597.php

8 ways to avoid divorce disaster

December 6th, 2009 by Julie 8 comments »

Avoid divorce devastation:

  1. Settle out of court. – Make a list of all of your assets, bills and potential expenses.  Go through the list yourself and highlight in one color all assets, bills and expenses that you are willing to take.  Go to an attorney only if there is a discrepancy of what your decisions are where the cost of the asset you are not willing to agree on exceeds the price that you each will spend for an attorney. (Estimate $1500 each for the attorneys and realize that one spouse will end up with the asset and pay 1500 while the other has no asset and pays 1500.  Make a good business decision.
  2. Take the emotions out of it. There is NO reason to discuss blame or anger when you have both     decided to end the marriage.  The approach to your prior spouse should be the same as to your insurance agent.
  3. Bone up on financial matters.  If you don’t know what you have (i.e. you didn’t keep the bills or budget) then you may have to do a bit of detective work to cover yourself.  Even if you miss some things, the papers can be drawn up which instructs what happens to those “forgotten assets and liabilities.
  4. Deal with debt strategically. Focus on allotting the liabilities to the person who is on the debt and/or the person who will be affected if a debt isn’t paid. (i.e. the person that gets the house must pay the mortgage)
  5. Check financial statements. Find out if there are tax penalties for early withdrawals. Save addresses for contacting companies to change beneficiaries.
  6. Alimony vs. child support – child support is state regulated and general has a formula.  Alimony is typically required by someone losing in a trial.  If you seek to settle then understand that alimony is generally a long shot even if you spent the money to try the case.  If you pay any alimony voluntary it should be considered as a gift.
  7. Revise lifestyle budget. – While the psychic threshold might well be better off without a stressful divorce it can still stress your wallet.  The costs of moving, replacing items, new deposits for utilities, deciding to rent or own and household good accumulation isn’t cheap.
  8. Don’t forget retirement. If you have a retirement plan then the Court can consider it to be partly your spouses.  It needs to be considered and if a QDRO is recorded to separate the funds between divorcing persons then a professional should be employed.