This is where you have to take a step back and assess your goals. You can hold out for the best financial terms possible, or you can reach an agreement sooner than later, but it's not usually possible to do both.
Will I have to go to court?
If you have a case where you and your ex can't agree on all of the issues presented, you'll have to go to court. If you're able to agree on all the issues, you most likely won't.
Going to court - especially for the first time - can be an intimidating thought. But really, it's probably not what you're thinking.
Is my living will still valid?
Living wills have been around for a long time, but most people were very careless about creating or maintaining these essential documents. That changed in 2005 due to the highly publicized Terry Schiavo case. Since that time, many people have created living wills - often through forms they've been given by friends, their church, or that they've found online. If you have a living will made through any of these forms, and something happens to you, the hospital caring for you (and if necessary, the courts) WILL try to honor the wishes expressed in those documents.
But you shouldn't have a living will at all.
But his/my name is on the birth certificate...
One issue that comes up frequently regarding custody issues from unwed parents - whether a father asking what his rights are, or a mother asking about her responsibilities to the father - is that, though the father hasn't legitimated the child, "his name is on the birth certificate." People often - mistakenly - believe that this means the father is the father for all purposes in the eyes of the law.
I understand this confusion - you've got one of the most official documents in a person's life, issued by the state, naming the father of the child. It seems like this would be the state's recognition that the father is in fact the father. But it's not.
Will I pay or receive alimony?
Alimony is only awarded in a divorce or legal separation. Most often, alimony awards are part of a divorce decree. Whether a person will be awarded alimony or not depends on a long list of factors, but most importantly:
- The length of the marriage
- How much income each person will or should be able to earn after the divorce
- What assets each party will have after the divorce.
Do I need an estate plan?
In short - yes. Some people think an estate plan means an intricate series of intricate trusts and closely held corporations used for tax avoidance. While that can be part of an estate plan, that's not what most people need - if you and your spouse's total assets are worth less than $10.9 (2016) million, you won't need anything like that to avoid paying estate taxes.
For most people, an estate plan consists of 3 documents - a will, a financial power of attorney, and an advance directive.