Divorce

December 2007 - Posts

Alimony And Child Support Information For Colorado.
Today we are looking into alimony after divorce in Colorado and child support information.  In Colorado, the person actually filing for a divorce may not be able to receive alimony after the divorce.  In some states even if you file for the divorce you can still receive alimony, but in Colorado it falls a little bit different.  The cause of the divorce is looked at.  Alimony is not to hurt one another but rather to help a person that has been in a marriage of not working or continued any kind of an education.  Alimony is only paid if it is reasonable.  Even if you have not worked, your past work and education is examined, to see how easily it would be for that person to continue into the work force, after the divorce.  Many other factors are looked into, your assets, the length of the marriage, the history during the marriage, before the divorce, and ages of both spouses.  In Colorado the alimony after divorce may be paid in one lump some or a several installments, and most the time is not continued to be paid for very long. Child custody and child support is a bit different in Colorado also; it is referred to as allocation of decision making responsibility and allocation of parental responsibility.  The decision in who gets custody is not to award or hurt one parent but to the best interest of the children.  Much research is done in Colorado on placement of the children and here are a few of the ways it can be settled; combination of sole and joint, joint, sole….and all are referred to as responsibility.  As always on the research of how the child custody placement is done is.
  1. Age of parents and the children in the divorce and placement of custody.
  2. The mental condition of the parent and children in the divorce and child custody.
  3. Relationship between parents and children.
  4. How much each parent was involved in the child’s life.
  5. Also the child’s wishes are taken in to making the decision.
 Child support is usually paid by the person in Colorado that does not have custody of the child or children.  The child’s needs and the abilities of both parents in the divorce along with paying child support.  There can be an increase or a decrease in the child support, under circumstances as loss of job or increase in pay, and also a child graduating from high school.. 

 

Posted: Dec 27 2007, 07:59 AM by Divorce | with no comments
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Divorce Grounds In Colorado.
As we know divorce is the process of the court to legally end your marriage.  Today we are going to discuss the grounds for divorce in Colorado; here it is referred to as dissolution of marriage.  In Colorado they use that term in your divorce order; instead of divorce.  We have discussed that states have same similarities, but each state varies in divorce, to how it is referred to and grounds for divorce can also vary.  In a Colorado divorce they do not allow a no fault divorce, so what does this mean?  It means that each spouse can not blame one person for the divorce.  There is only one question that the divorce court will ask, is the marriage irretrievably broken?  This means that there is no reason for the marriage to continue, and no chances for both parties to be together. In Colorado before you can go through a divorce process, you will have to at least been a resident there for 90 days before you can file for a divorce.  The divorce will start when one or the other of the parties in this marriage files for the dissolution, in this case the divorce. In Colorado these are the grounds for your divorce and must be true to what they say before the divorce process can go through.  Each spouse must agree to what each other say or the divorce process can not go through, each argument must be resolved.  So here is a list of reasons you can and can not get a divorce in Colorado. 
  1. In the state of Colorado, if your wife is pregnant, you can not file for divorce and there are no minor children.  Unless both of you have received counseling and went into the divorce agreement through that and also the granting of custody and child support issues.
  2. There are absolutely no disputes in the divorce.  This means as we discussed in the beginning of this information, there is a no fault divorce in Colorado, it means irretrievably broken, so you must split with everything being agreed upon.
  3. There is no marital property in Colorado, or both of the parties in the divorce have agreed upon the marital property in the divorce.
  4. The person that has not filed for the divorce has been served with the divorce papers in this case the dissolution of the marriage papers.
 As always the dividing of property is about the same, things gathered during the marriage is marital property and must be divided equally in the divorce. This excludes.
  1. Gift or inheritance in the marriage, can not be divided in the divorce
  2. Property that was exchanged for property before the marriage can not be divided in a divorce.
  3. Property that was gained by the spouse after a legal separation can not be divided in a divorce.
  4. Any property that has a valid agreement to it can not be divided in a divorce.
 Anything owned prior to the marriage is considered separate property and also can not be divided up in the divorce; you may leave with what you come in with.  Everything is also looked into the, the increase of the property during the marriage, the value of each spouses property, and the contribution of each spouse in the marriage before the divorce, if one brought in more, then of course they should receive what they give to the marriage. Tomorrow we will continue with the alimony and child custody, support, and visitation information in Colorado.  

 

Posted: Dec 26 2007, 07:42 AM by Divorce | with no comments
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Alaska Divorce and Child Support Information, Continued.

We have discussed alimony after a divorce and how you receive alimony after a divorce is final. In Alaska alimony can be paid to either spouse in the divorce and can be issues to be paid even before the divorce is final. Each state varies on how it handles alimony. So what are the factors in receiving alimony in a divorce and after a divorce in Alaska?

1. The age and how healthy you are is determined in alimony in a divorce

2. How much money is being made by the person receiving and by the person paying the alimony in a divorce

3. How long a person went to school? This shows if the person can continue schooling on both sides on making and preparing for life after a divorce is final

4. Your work skills are determined in paying alimony

5. How all the debt and the property in the divorce are divided up.

6. If you have unreasonably used money in your marriage before the divorce and if it is one of the major causes of divorce,

7. If you have taken care of your children. How much work experience you have before the divorce

8. Also if you worked while you were married.

These factors all take place of wither you will receive alimony while the divorce is in process and after the divorce is final. As in all states alimony can be paid for a period of time or even longer.

Child support and custody, after a divorce. Of course the best interest is looked into for the child and who they will be placed with and who will be paying child support after the divorce is finalized. In Alaska, both incomes are evaluated and an equal adjustment is made. Sometimes the person paying is not paying as much, if the spouse receiving is making more of an annual income then the parent paying. In Alaska there is 4 types of custody.

1. Hybrid custody. What is this? When one parent has custody of one or more of the children and the other parent have a shared physical custody of at least one of the other children. Child support is assessed differently in this custody

2. Divided custody. The parents do not share custody after the divorce, they split up an equal time and no child support is paid.

3. Primary physical custody. The child will stay with at least one of the parents after the divorce 30% of the time. Child support is assessed differently in this custody.

4. Shared physical custody. The children will be with one parent at east 70% of the year and less then 30% with the other parent after the divorce is final and also again child support will be assessed differently.

 

All issues are looked at in the process of where and how the child will be placed and how child support will be paid after the divorce.
Posted: Dec 24 2007, 06:18 AM by Divorce | with no comments
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Divorce Information In Alaska.
There has been a discussion throughout the blogs about divorce and how each state varies.  So this morning we are going to start with some of Alaska’s divorce information. In Alaska you may only file for divorce at anytime if you are a resident of the state.  There are only no fault divorce grounds on irretrievable breakdown for a divorce in Alaska, so what does that mean?  That means that the marriage is past hope, that there is no reconciliation between the couple at all getting the divorce, and that the marriage can not continue between the couple.  Here is also a list of reasons you can get a divorce in Alaska.
  1. If the person cheats, you may file for divorce.
  2. If the person is convicted of a felony, you may file for divorce.
  3. If there is no consummation of the marriage, you may file for divorce.
  4. If you are abused and treated inhumanly, you may file for divorce.
  5. If your spouse gets a mental illness and has to be in an institution for over 18 months.
  6. If there is drug abuse, you may file for divorce.
  7. If your spouse has Temperament problems, you may file for divorce.
  8. If your spouse has persona indignities, you may file for divorce.
 It is interesting to see the different variations for why divorce can be filed in each state.  I hope over the next couple months giving this information will help people better understand divorce in their area.   Now the discussion leads to assets and debts in Alaska, and how are they divided up in the divorce.  As in most states this is called marital property, and it must be divided in a fair way, as in most states a 50/50 spit takes place.  If there was property brought into the marriage, it should still be allowed to go with whom the person brought it in.  Everything acquired together must be split fair.  *NOTE* Short term marriages are going to be different so how does Alaska determine a short term marriage and how things are split.  In Alaska a short term marriage the courts may put the couple divorcing back into the same position they had before the marriage.  The age and health is taken into consideration in the short term marriage, the conduct of the couple in the divorce , your income and the person most providing,  children in the marriage, and of course have you been married under 5 years, this is usually considered a short term marriage in most states. As with any couple in a divorce and state you should always collect all your information on what you brought into the marriage as yours, and what was collected during the marriage and how whom and when it was purchased.  The next part of this discussion will be continued in another blog, containing alimony, and child custody and support.

 

Posted: Dec 21 2007, 08:32 AM by Divorce | with no comments
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Client Lawyer Relationship Responsibilities.
The last few days we have discussed the importance of finding a divorce lawyer and meeting with your divorce lawyer.  The information that is important to take when you do meet your divorce lawyer.  Today we are going to talk about the importance of the relationship responsibilities between you and your divorce lawyer.  There are certain things that your lawyer needs to hold important, and at any time you see that they are not, they can be turned into ANY bar association, there is a possibility that the lawyer may be disbarred, so before you just get mad at your divorce lawyer for something simple, make sure it is something that is truly wrong..  This is why I stress researching your divorce lawyers past references is important, it can give you a thumbs up on which way to go. So what are your responsibilities to your divorce lawyer?
  1. You should always supply your divorce lawyer with all contact information as discussed in yesterday’s blog, all phone numbers, and addresses where you’re divorce lawyer can reach you and send you information at all time.
  2. Always be 100% truthful on all information that you are giving to your divorce lawyer
  3. Being available to your divorce lawyer on all of the legal proceedings
  4. Paying your legal bills on time.
 Then what is the responsibility of your divorce lawyer to you?  We are going to run down a much longer list of responsibilities your divorce lawyer must have towards you. 
  1. A divorce lawyer must research all legal issues in your case.
  2. Your divorce lawyer must represent you within bounds of law.
  3. Your divorce lawyer should communicate with you on everything in a good time frame.  Not wait days to tell you something you should have seen coming.
  4. Your divorce lawyer owes you loyalty, your divorce case should stay completely confidential and they should not be working on other cases similar to yours. 
  5. Legally while your divorce lawyer handles your case they must follow all the information you give them in the divorce case.
  6. Your divorce lawyer must keep all of your information along with property separate from theirs or any other case.
  7. There should be no personal relationship between you and your divorce lawyer.  *NOTE* this being one of your responsibilities along with your divorce lawyers.
 There are many responsibilities that your divorce lawyer has along with you, if you want your divorce to be handled in a professional way; and to get things done correctly.  In all honestly all of these responsibilities is common sense.  If any of these are not followed in a client/lawyer relationship, it can be terminated at anytime, either party.

 

Posted: Dec 20 2007, 08:24 AM by Divorce | with no comments
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Meeting With A Divorce Lawyer.
We have discussed some of the steps about selecting a divorce lawyer.  There is an importance with meeting with several divorce lawyers and researching them. There are also some very important things you need to be prepared for and bring along to meet with a divorce lawyer.  If you or the lawyer is not prepared, then the process can not go smoothly.  So after you have chosen your divorce lawyer, here is some of the basic information you need to give them so that throughout the process of the divorce, you can be reached at anytime.
  1. Your home address, this will be needed through the divorce process at all times.
  2. The address from where you work.
  3. Your home phone number
  4. If you have a cell phone, and pager.
  5. Your work phone number.
  6. Also if you have a fax number, this can be important, because at anytime your divorce lawyer can send you important information to read, right at your fingertips.
  7. If you have an email address this can be just as handy as the fax.
 So make sure that this information is wrote down and taken to meet with the divorce lawyer you have chosen.  It is important they have many ways of contacting you throughout the divorce. Another important key factor when you go to meet with your divorce lawyer is to give them al the key factors and why you have chosen to go through a divorce.  You will want to let them know how many people are in the divorce (children involved).  How you and your spouse are getting along is another importance, it can help the divorce go a lot smoother, if they know what to expect from the other side.  The problems with your marriage, and all background information.  It is important to also write down anything you receive from your spouse, when you talk, letters along with the date.  If you have any photos, witnesses, or accident reports, if things have gone really bad in the marriage. Your lawyer may also give you a questionnaire, read over it and fill out all the information carefully.  You may also want to prepare questions to ask your lawyer in the process. Knowing all of your options in a divorce case is important, and how your divorce lawyer will handle each thing is important. How long will the divorce case last.  Remember to tell your lawyer everything….it can save you ending back in court 

 

Posted: Dec 19 2007, 08:19 AM by Divorce | with no comments
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Selecting Your Divorce Lawyer.
I have discussed several times, how important finding the right divorce lawyer can be.  Finding a divorce lawyer that is experienced, and has had many divorce cases where they came out on top.  Anyone going through a divorce is going to be stressed, along with anyone preparing for one, or discussing a divorce with your spouse.  Many times in a divorce a couple can not get along.  So what are some steps for finding the right divorce lawyer?  You may want to know where to search, who to ask.  Here is some information today on selecting the right divorce lawyer. If you are wanting a divorce lawyer out of your area then searching the internet is usually the best place to find a list of divorce lawyers in a certain area, click the state you are in and do a search of your area along with areas outside of you.  You can also call your local attorney referral service to get a list of divorce lawyers provided by your city or state.Of course the good old phone book is another place you can get a list of lawyers, but the internet may provide a little more information and research of the divorce lawyer you are thinking about selecting. You can make a list of the divorce lawyers to visit several different ones; sometimes people are in a hurry, but remember what I have discussed before that in cases if you hurry your divorce, most of the time lands you back in divorce court with another divorce lawyer.  Taking time to research your divorce lawyer is important.  SO contacting and meeting with several divorce lawyers in or out of your area can be important.  Most the time the first consultation is free.  It allows you to talk with the divorce lawyer, get information, sound them out and also see if you both could work well together, along with giving the points about what you could and could not receive or do in your divorce.  Every lawyer is different; you will find some wanting to work harder for you.  So after you have gone down your line of divorce lawyers then it is time to pick the divorce lawyer you have selected.  *NOTE* When meeting with and selecting your divorce lawyers, it is important to do a little more research, you can use the search engines to find more information on the lawyer you are thinking about selecting, along with information, and articles about the many divorce cases your lawyer has handled along with references.   Another good point to look at when selecting your divorce lawyer is if they allow you go see a profile of clients they have.  This is a good sign any divorce lawyer you are thinking about selecting.   Make sure the divorce lawyer you are also going to be selecting does advertise, it is important to some times pick up that phone book and look at the yellow pages to see how the advertisement for that divorce lawyer looks. Also remember you can contact your local bar association *NOTE* above, not only a listing of divorce lawyers but for information on the divorce lawyer you are thinking about selecting has a good standing!

 

Posted: Dec 18 2007, 08:23 AM by Divorce | with no comments
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Bankruptcy During Divorce.
So we have talked about bankruptcy after divorce, what it affects what it does not affect after your divorce.  It will not allow you’re ex spouse to not pay child support or alimony after divorce. If there is talk of a divorce in your marriage, if you know it is coming and you have a lot of debt, it is cheaper to file a joint bankruptcy then separate and bankruptcy during divorce can get confusing and have many conflicts of where the debt is going.  So if you know there is a lot of debt that is going to be split up during the divorce and you are both going to have to file bankruptcy anyways, file together before you start the divorce, yes it takes longer, but in the long run can save you lots of money in the future. If you do not see the divorce coming and your ex files bankruptcy during the divorce, we talked about a hold harmless clause that should be in your divorce order, especially if your ex has taken on the mortgage and any land payments. As we discussed before the hold harmless clause in divorce papers, will not allow your credit to go along with you having to make the payments. So what happens if you both have not discussed a divorce; one of you did not see it coming; or the thought of bankruptcy before, did not enter your mind before the divorce; what happens to the property settlements during the divorce while bankruptcy has been filed at the same time?  This can get extremely confusing.  First off if you file bankruptcy on property settlements during a divorce those are considered nondischargeable, so I know your asking what this means, it means that the person that has filed for bankruptcy during the divorce can not have those debts wiped away, although if the person can show they can not take care of themselves at all, with the debt or, taking away the debt of the person filing will not do any harm to the former spouse and children in the marriage by not paying the debt.  Another reason that if you both want the divorce and there is a lot of debt do bankruptcy before hand, and then get your divorce, this will save a lot of time, money, and heartache.   Remember when you are going through a bankruptcy in the middle of the divorce, everything becomes part of the bankruptcy estate and they may use property, land, and other items to pay off the debt in the marriage.  This means you both may end up with nothing. Take the time to really think about divorce and discuss it with your spouse, of course you both may not be getting along but it is important to sit down and try to tell the one you have been married to for how ever long, the different affects the divorce can have.  So discuss the debt that you have, what you would like in the divorce and not like.  Also if either one of you would even have to file for bankruptcy after the divorce is over, calculate, what you would be spending out, what debt you would be taking over.  Sometimes even if it takes longer to get through a painful situation, it can save a lot of pain in the future!   

 

Posted: Dec 14 2007, 08:07 AM by Divorce | with no comments
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Debt Dividing In A Divorce.
Of course we do not want to give up what we have worked so hard for, but when you are getting a divorce, things are most the time split 50/50.  It is nice although, when both parties can get along, and understand what the other person in their life at the time really enjoyed or cared for.  Although most the time both parties are in a full blown out fight in the divorce, so then your asking how do we divide it all in the divorce, and who gets what.  There are so many things to look at when in a divorce on what goes where.
  1. You have stocks or joint bank accounts?
  2. Who will get the property, the house after the divorce?
  3. How will the taxes be done for the year, after the divorce is finalized?
  4. Is there any alimony?  Check previous alimony blog for more information.
  5. Also if you’re moving and now have new payments such as rents, will you be able to take on any more debts after the divorce?
  6. Who makes the higher amount of money work wise?
 This is a horrible time, splitting up everything in the divorce, but you need to look around and ask certain questions and also see if you have taken on new debt, of course if there is joint account, there is a 50/50 split on those no matter, each party has to take half of what is going on in there. It is important though to pay attention to all money amounts that are going on, such as discussed in an earlier blog *READ YOUR DIVORCE ORDER* before you sign anything make sure you understand all the debt you might be paying in the divorce.  With property and mortgages, the companies will have to do a complete refinance before any party is removed.  If one or the other in the divorce is taking on the mortgage and paying the payments make sure you get what they call a hold harmless clause in your divorce order….so what is a hold harmless?  It says that any damage done to your credit rating if your ex does not pay the mortgage, which was agreed upon in the divorce, says that you are not responsible for any of it.  Another reason it is stressed to get a good divorce lawyer and reading over everything before you sign! There is always the possibility of bankruptcy after a divorce and also during, we have discussed what you will need to do in an earlier blog if your ex declares bankruptcy after your divorce, but there is also the possibility that during your divorce one or the other of you will declare bankruptcy.  You will need to consult with a bankruptcy lawyer besides your divorce lawyer.  This will be discussed later on.

 

Posted: Dec 13 2007, 07:36 AM by Divorce | with no comments
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Follow Up; Wrapping Up Your Divorce
Yesterday we discussed the importance of reading over your divorce order, even after the divorce is final.  If you spot things that you have questions about or settlement agreements, that you do not believe is right, the sooner that you take care of those, the sooner you can get on with your life.  Sometimes simple changes can not be made to divorce orders, even if it is right after, so from there you will have to appeal. First off it is important throughout the entire divorce, to read over every thing you are signing and understand all your property settlements and what you will have to be paying or receiving in the divorce.  Appeals are expensive and sometimes still do not turn out the way you want them too.  You should only appeal if something is clearly out of order and you did not understand what was going on.  Realize what ever you spent on your divorce, is more then likely what you will spend on your appeal and possibly more.  This is why it’s important to understand your divorce and to get a great divorce lawyer.  So this is a few things you will be paying for in your appeal 1.       You will pay for a lawyer to represent your side in court on what you are appealing in the divorce.2.       You may have to pay your ex’s divorce lawyer to do all of these same things.  When you appeal, most the times you are going to pay both sides.3.       You will pay for your divorce lawyer to go over all the issues that were not right and prepare new papers4.       Your divorce lawyer will be pad to brief your ex’s divorce lawyer along with preparing all the papers.5.       You will have several hundred dollars for the trial transcript. If you have to appeal you really need to do your divorce lawyer research, you may really want to look for a divorce lawyer outside of your area, look for the best, you will need it in a divorce appeal, they can be harder then the divorce itself.  Everything is different in an appeal then what it is in the divorce itself, you are going to need to find a lawyer with major experience, especially in all the legal knowledge and writing abilities. So what is the last step after it is all over?Do what the papers say.  These are the mistakes that divorced spouses make is they do not follow through what’s in the divorce order.  If you have to pay something or give something, make sure that you actually do it and make sure that your ex does the same.  It is important also if you are receiving child support, make sure that it happens; you really don’t want to end back up in court again.  You want to start over fresh and with a good outlook on life.  Just make sure that you follow through with anything that is in your divorce order.  It’s just as important as the divorce itself. 

 

Posted: Dec 11 2007, 08:10 AM by Divorce | with no comments
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Wrapping Up Your Divorce.
There will be a follow up blog on wrapping up your divorce, there is really too much to cover and I want to make sure that you take the time to read each one.  There are certain things you need to do after you are officially divorced, they are important.  Today’s blog will give you the first 2 necessary things you will need to do following your divorce, the next blog will be about the appeal if needed after your divorce, and the last follow up step. So you are officially divorced.  A divorce is stressful, painful, and most the time heart wrenching.  Especially if one is not in favor of the divorce; but it is over now and there are 2 important things you need to do first off. 
  1. YOU must read your divorce order.  It is very important that you now, sit down in a nice quiet spot and read over your divorce order carefully.  This can not be stressed enough.  Do not skim over it, Do not read the beginning or just the end, or the highlights.  It is so very important to now sit down and read your divorce papers from beginning to end!  Of course you already did this before you signed it, even if you did please read it again; do not rely on your divorce lawyer or the judge.  WHY?  Because you are the one that is going to have to live with everything that is in that divorce order.  So it is important that you understand everything that is in the divorce order.  If you have questions, this is the time to also ask your divorce lawyer.  You also may want to make a copy of your divorce order and give it to some one you trust, so that they can take the time to read over it also.  A person that is new to the divorce papers, and someone that knows you, may spot something you are just not seeing.  It also may be too late to bring it up, but the sooner you can deal with something you may have missed in your divorce order, the sooner you can deal with it.
  2. So the 2nd action you need to take if you have spotted something that is incorrect or that you had no idea was going to be in your divorce order is to change it if necessary.  Most people in a divorce do like to keep the fight going, but after these papers have been signed by the judge it is tough to get things changed.  There can be some simple changes that can be made, without an appeal; here are some changes that can most the time be made to your divorce order, without an appeal.

1.   Typing mistakes within the divorce order can be changed

2.  Provisions, such as a bank account that does not exist.  You can not transfer money if the bank account does not exist.  So some provisions can be changed.

3.   IN SOME STATES:  if you move quickly enough, you may be able to change things as property settlements.  You can tell them you were under extreme stress and your judgment was impaired.  When you finally took time to read over the divorce order, you notice the mistake.  Not all states will do this.  So the next step is?

4.  TO APPEAL  

 

Leaving off here today, tomorrow’s discussion will be the next steps you will have to take in the appeal of your divorce order. 

 

Posted: Dec 10 2007, 08:17 AM by Divorce | with no comments
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Divorce and Alimony
Alimony is a payment usually in monthly installments after a divorce.  The question is when alimony must be paid.  Can any one receive alimony after a divorce? Very good question most the time when a couple divorces there should be no need for either spouse to have to support the other, if they are no longer married.  Most courts look at a short marriage (which is under five years) and assume a couple things; so what are they?1.       Usually a couple that has been together a short length of time has kept the same mind to support themselves.2.       The also feel that a person in a short marriage should still be substantially independent and self supporting.  So what does this assume?  That means that for most parties can continue to renter work, but now if there is a child involved of course there will be child support issues.Now in a marriage that has been a long duration, there may be need for spouse support after the divorce and sometimes a lifelong alimony will be taken into consideration.  So let’s see what is taken into consideration for alimony after a divorce to be paid.
  1. The mental and physical health of the spouse that will be receiving alimony after the divorce is finalized is looked at.
  2. The debts that the receiving spouse has.
  3. The receiving spouse earning capability.
  4. Any disparity of the earning capacity of the receiving spouse.
All of this is looked at and even in a short term marriage health and capability of the spouse is looked at in the divorce. There are types of alimony after a divorce has been finalized and the payments start, and they will be stated in the divorce papers. Types of alimony:1.  Rehabilitative: this is the type of alimony after a divorce that is paid only for a certain time.  This allows time for the spouse to become dependent and sometimes seek a higher education and allows them to return to the work force after a divorce.  This alimony does not allow the spouse to be sufficient just on that after the divorce.2. Permanent alimony:  this is the alimony after a divorce that is paid or an indefinite period of time.  Do not let the name fool you, this does not mean that this alimony will be paid for life.  The paying spouse can ask the court for an elimination or reduction of the alimony, if some certain circumstances happen.   Here are some of the things that can cause elimination or a reduction of alimony after a divorce.  Here are just a few.
  1. Death of either spouse.
  2. Retirement or laying off from work of the paying spouse.
  3. Remarriage of the spouse that receives the alimony after the divorce.
 
Posted: Dec 07 2007, 08:41 AM by Divorce | with no comments
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Divorce and Legal Terms.
Ever get confused when you hear certain terms used in a divorce case and other areas of law? Or are you going through a divorce and want a clear mind on what terms the lawyers use?  Today I am going to give you a list of divorce terms and other legal sayings.  I hope these help you wither you are going through a divorce or someone you know is going through a difficult time in their life.  A divorce as I have said many times before is a stressful time for anybody, wither you want it or not, actually any legal matter at that.  So knowing some terms before you step into a divorce lawyers office can really help out.  A divorce lawyer when looking for one should always clear up anything you do not understand. Here are some terms used in a divorce and other areas of law. Absolute Divorce.  Absolute divorce means that it is the end of the divorce, everything is done and finalized.  The marriage is legally over for both parties. Action: we here that word a lot in life action, but what does it mean when referring to your divorce and other areas of law.  It is a proceeding or a lawsuit in a court of law. Agreement: this means both parties wither in a divorce or any other areas of law, have done a verbal and written resolution to any issues that were being disputed. Answer: this means that the person has had to have a *written* which is important, response of any complaints, petitions or motions, again this can be through your divorce or anything else you are going through legally. Alimony; this is a payment that is made to support one spouse by another after a divorce is finalized. Annulment:  this is for under a certain limited time: each state varies on when an annulment can take place and can not, if it has passed the time in your state then a divorce lawyer will be needed.  To annul though is to void a marriage. Appeal: this can be done for a divorce and in other areas of law, so what does appeal mean, means you do not agree with the decision made in court and you request that it is taken to a higher court to be reviewed. Alias Summons: this is when original papers are not served being in a divorce papers or other documents to a person. I hope these terms help you out when discussing your divorce or any other legal matter in your life. 

 

Posted: Dec 06 2007, 08:01 AM by Divorce | with no comments
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Follow Up On Division Of Property In A Divorce.
Yesterday we discussed the laws of property division in a divorce, there are two separate ways. 
  1. Community Property Division in a divorce.
  2. Equitable Distribution in a divorce.
 See Property Division Blog in a divorce for information on both those terms. Today the discussion is your property in a divorce, there are many things you need to look over and talk to your divorce lawyer about.  So what is it you need to do before your divorce?1.       Take a property inventory.  You will need to give information to your lawyer about what you have, so they can get an idea of what will be yours in the divorce.  If you do not get a complete list of what you have, then more then likely after the divorce is settled, you will be back in court fighting for something that was half yours also.  Most lawyers do have a checklist of what you will need to get together, they realize that a person in a divorce is under a lot of stress, and a list will help, and here are a few things that your lawyer may ask you to get a list of.1.       IRA’S2.       If you have any pension and retirement accounts.3.       Do you have any stocks and bonds?4.       Items that are in your safety deposit box.5.       Deposit Certificates6.       Money Market AccountsThis is just a partial list, you will need to access everything you had before the divorce and things you gathered together in your marriage.  This helps you and your divorce lawyer to get it right the first time. 2.       You will need to value assets.  It maybe important during the time of your divorce, especially if you and your spouse can not agree on the value of property you are discussing to get some one out to appraise the item or items that will be divided up during the divorce.  Many divorce couples fight and make a mistake on personal property, who will own it, how it is divided up, sometimes the sale of property in a divorce seems to be the only option, if nobody can agree on it. 3.       There are tax considerations you will need to consult about with a tax lawyer, not your divorce lawyer, especially if there are tax consequences from transferring, selling or holding property as part of the divorce. 4.       The property settlement agreements in your divorce.  If you both in the divorce can agree on the settlement agreement they your divorce lawyer will writhe up a separation agreement or property settlement agreement.  So in this list you will find who gets what and all that will be included in the agreement.  It is important and your divorce lawyer should go over it with you, read it carefully.  You don’t want to end back up in court again, with more expenses to change something. 5.       Make sure you follow through your divorce. There are certain things you need to do and look for.  Here is a list that may help during your divorce and again your lawyer going through it with you is important.                                                                                              1.       Make sure your name is released from any property you are not receiving in the divorce and your ex spouse is.2.       It is important to refinance property, if that is part of the agreement.3.       You will need to set up payments on your end if there is anything you will need to pay in the property division.4.       Make sure to get your ex’s signature on anything being transferred to you in the divorce, such as deeds, stocks, bank accounts etc… I hope this blog gives you a clearer mind on how to prepare for your divorce and division of property.

 

Posted: Dec 05 2007, 08:02 AM by Divorce | with no comments
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Dividing Property In A Divorce.
In each state there are different ways of dividing property when you are divorcing. 
  1. There is a community property division in a divorce.  So what is this, well it states that each spouse in the divorce will receive one half of the property that was gained while married.  This does not include separate property, so what is separate property.
    1. Pension proceeds that were had before the marriage
    2. If family gave you gifts and inheritance and they are not in the joint bank account.  This is if they have been kept separate bank account in your name.  If you have put those inheritances in a joint bank account in the marriage, then in the divorce your spouse would receive half in the divorce.
    3. Businesses or property that was owned prior to the marriage.
      Note: When dealing with community property these states include, Idaho, Nevada, Arizona, California, Louisiana, New Mexico, Washington, Texas,                Wisconsin 
  1. There is equitable distribution in a divorce. So in all other states couples that couples are getting a divorce, the courts will divide the assets in equitable manner (which means fair).  When getting a divorce in the other states equitable may not really mean equal, but what is fair to both people in the divorce.  So how do they decide in a divorce what is equitable?
    1. If there is children involved in the divorce, they will include expenses for them.
    2. The source of particular assets will be looked at
    3. The physical and mental health of both people in the divorce is reviewed.
    4. Work history of each in the marriage and also the job prospects
    5. Also how long you have been married before getting the divorce.
 Sometimes we feel that we can trust a person totally, and think that when you first start out in your marriage there would never be a divorce, but it is important to remember some things should stay in your name, we have no prediction of the future.  So it is good to also stay independent in some ways when it comes to your property, business and inheritance. Tomorrow I will give you some information on taking a property inventory, if there is a lot of property involved, please do research on your lawyer to see how many cases they have handled, you want to be treated fairly, a great lawyer can help. 

 

Posted: Dec 04 2007, 08:05 AM by Divorce | with no comments
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