When undergoing a divorce, you will be required to deal with issues other than simply dividing property and starting fresh. Familiarizing yourself with legal requirements will help you and your spouse to avoid any surprises down the line.

DISCLOSURE: Sometimes termed "Full Disclosure," this term refers to your personal financial situation. Under law, both you and your spouse must disclose to one another any information regarding what each of you own. In other words, all information related to your assets, debts, income and property. If either spouse does not completely disclose or attempts to hide information, he or she can face some serious difficulties during the divorce. Since a divorce is a legal proceeding, there are two forms you will be required to complete for disclosure:

• Preliminary Declaration of Disclosure Form - The spouse initiating the divorce is required to serve the respondent, or the other spouse, with this particular form. If you are the petitioner, this form provides your spouse with a list of all of your debts, assets, income, and property. Petitioners are legally required to complete this form within 60 days of filing the petition for divorce.
• Final Declaration of Disclosure - Each spouse is required to serve this particular form on the other before the divorce is settled, unless both parties agree to waive it. If either party has had a change in any item listed on the Preliminary Declaration of Disclosure, the changes are noted on this second form.

Note that disclosure is not required in all states or situations. Many states only require disclosure if there is support of some kind involved (like child support).

HEALTH INSURANCE: During a marriage, one health insurance plan is frequently used to cover both spouses. After a divorce, one spouse is not required to cover the other. Rather than finding him or herself suddenly uninsured, a law has been put in place to help newly divorced people keep their healthcare costs down. For up to three years from the divorce, insurance companies are required to offer coverage to the uninsured spouse at the same rate as when that person was married. This coverage is available through COBRA.

To take advantage of this law, the spouse about to lose coverage must inform the other spouse's insurance plan that he or she plans to continue insurance coverage within 60 days of the final judgment of the divorce.

FILING COST: When you go through a divorce, you will be required to pay certain filing fees to the court, usually between $100 and $200. If you file a response, the court will levy an additional charge of around $100.

ALIENS and NON-U.S. CITIZENS: If you are a resident alien and divorcing after less than two years of marriage, you should talk to an attorney. You run the risk of losing your resident alien status and having your children deported.

CONFIDENTIAL COUNSELING: Certain counties in the United States offer something called Conciliation Court. It provides free or cheap counseling for interested couples. It is in not required by law, and in many cases, the first visit is free.

COMPLEX ISSUES: If you are facing some difficult or complex issues in your divorce, you may need the help of a lawyer or other divorce professional. Here is a list of some issues which can complicate a divorce:

• Assets and Debts:
• One spouse transferring community assets to themselves without permission
• Assets are divided unequally
• One spouse sells community assets without permission
• One spouse is suspected of concealing assets
• Determining the value of stock options or certain retirement plans
• A great deal of debt
• One spouse is considering bankruptcy
• Spouse:
• Threat of harm to your or your children
• Husband does not agree that he a child's father
• You and your spouse cannot agree to divide property or determine the best interest for your children, even after many tries
• You or your spouse are on active duty in the armed forces
• You and your spouse cannot agree on the date of separation
• One spouse put the other through school or vocational training

Note: you do not need a lawyer if a spouse in the military is willing to waive rights under the Soliders' and Sailors' Relief Act.

For more information about divorce, visit our partner LegalZoom. Here, you'll find a free, online legal library providing all the information and resources you need when considering divorce. The Law Library Topics provide general divorce information, and FAQs answer some of the most common questions people ask. These features, combined with the Glossary and Useful Resources, allow you to make sure your divorce decisions are informed ones.

LegalZoom is not a lawfirm and can only provide self-help services at your specific direction. Information contained above is subject to change and is not applicable to every state. Visit LegalZoom.com for specific state-by state-documents.

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