Divorce

February 2008 - Posts

California Divorce…Dividing Property.
States are different when couples divorce and the property is divided.  So what is property in a divorce, which gets what?  California is know as a community property state, when couples divorce.  This means that everything that was gained together in the marriage is now separated equally in the divorce.  It is divided right down the middle.  Means all debt and property gained will be divided evenly between the spouses in the divorce.  So what is considered community property in a divorce in California, not everything gained by each couple is.  So here is a list of what is considered to be community property in a divorce in California. 
  1. Anything that you had before the marriage, that you acquired separately is not considered to be community property in a divorce.  It can be even debt along with certain property that you had before you ever meant this person to be married and then divorced.
  2. If you had a separate income before you were married, from an investment, you can even still be receiving money from this property or investment before the divorce, as long as you had it before you were married, *AND* did not mingle that money together with money gained together in the marriage.  If you have, in the divorce, your spouse may take half of that.
  3. If there is property gained from inheritance from family even during the marriage, anything that is inherited can usually not be taken in a divorce, as long as you don’t sell the inheritance or if it is money, it is not again mingled with money that you both have brought in together in the marriage.  If it has been again your spouse can take half of that in the divorce.
 It is always important even if you think you will never get a divorce, to at least keep both of your separate property separate, it can still be enjoyed by both if you never divorce, things do happen, a person does need to think of their future.  Divorces happen. In a divorce it is always important to have records of everything before your marriage and during your marriage.  Property you had before and even debt, which you had before and gained in the marriage.  This not only helps the divorce process go smoother, but allows you to know what is yours and have proof of that during the divorce.

 

Posted: Feb 29 2008, 06:47 AM by Divorce | with no comments |
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Illinois Divorce.
You must live in Illinois, be a resident to file for divorce or be stationed in the armed forces in Illinois.  There is not a time limit to how long you must live in Illinois before filing for divorce, how most states have guidelines to how long you must live in the state before filing.  A divorce in Illinois is referred to as dissolution. When getting a divorce in Illinois you can state that there are irreconcilable differences in the marriage and that they are beyond repair of fixing.  Now in Illinois if you have been separated for around two years, and both of the spouses are in agreement over the divorce, meaning both want it and that there is no argument at all then there is what is called a stipulation, this says that the marriage can be ended after six months of separation; meaning you have been divorced most the time you were separated.  If you have not been separated for at least 2 years and the spouses are not in agreement over the divorce, then one of the spouses must prove one of these grounds for divorce.  Here is the list.
  1. That there is impotence of your spouse, this can allow for a divorce to be granted.
  2. There was cheating or your spouse had another spouse at the time of your marriage, referred to as adultery, a divorce can be granted.
  3. A spouse has tried to kill another spouse, through poisoning or other sadistic ways, a divorce can be granted.
  4. A spouse has been convicted of a felony, a divorce ca be granted.
  5. A spouse infecting another one with a disease during the marriage, a divorce can be granted.
  6. A spouse has a major alcohol or drug abuse, a divorce can be granted.
 Remember if something is not true, never put blame on somebody that isn’t.  In Illinois adultery and some other factors have nothing to do with who will get what in the divorce, now some do, but those will be decided in divorce court. The divorce process in Illinois starts when one spouse files for divorce, there are 2 different names for this and they are either a Petition for Dissolution of Marriage or Praecipe for Summons.  Divorce is filed with the Circuit Court in Illinois and then the other spouse is then served with divorce papers.  The other spouse is given a reasonable amount of time to respond to the divorce papers.  If both of the spouses are in agreement with the divorce, debt division, property division, child custody, and child support, then the divorce can be finalized without ever going to trial.  If there is any disagreement with any of these matters, then a trial date will be set. If a trial date has been set for the divorce, you can request temporary assistance for who pays what debt and child custody and support matters.  Remember these will most likely change in the divorce trial. 

 

Posted: Feb 28 2008, 06:43 AM by Divorce | with no comments |
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Divorce California.
California Divorce lays about the same for each county in California.  You must live there for at least six months before you are even able to file for divorce, along with living in the county for the same period of time, so picking up and moving before you file for divorce, you will be waiting another six months.  This goes for all counties in California, San Francisco, San Diego, Sacramento etc…  A divorce in California is referred to as dissolution of marriage. If you have lived in California and its county for at least 6 months, then either spouse can get a divorce just by stating that there are irreconcilable differences in the marriage and that it can no long continue, there is no repair possible and results in a divorce.  If there was extreme abuse or cruelty these are different charges and a separate lawsuit can be brought up in the divorce.  In other states you see other grounds for divorce such as adultery, alcohol abuse, drug abuse, etc... In California these are placed under irreconcilable, they have caused a breakdown of the marriage itself and results in the couples divorce.  So the simplicity for divorce in California comes if the spouses are in agreement of everything in the divorce, including the divorce itself. Debt division, property division, child custody and child support, then the divorce can be finalized without a trail.  In California if there is an agreement between the 2 spouses then there is what’s called a stipulation, which means that both agree that the marriage can be ended. In California the divorce process begins when one spouse files for the petition for dissolution of marriage *divorce* and then the other spouse is served with the divorce papers.  The spouse is given a responsible amount of time to respond to the divorce papers.  As discussed in the 2nd paragraph, for the stipulation if everyone is in agreement then the divorce is finalized.  If there is any disagreement about the divorce along with debt division, property division, child custody, or child support then a trial is set for the divorce.  It can take sometimes up to a couple months before the divorce goes to trial, you can either seek counseling during this time to help come to an agreement before the trial or simply to help both of you move on.  Counseling is ever so important if children are involved I have said this a billion times over.  During the time waiting for the trial for the divorce, you can request for temporary assistance with the debt and child support orders, to whom pays what during this time. Remember that this will most likely change after the trial for divorce takes place.

 

Posted: Feb 25 2008, 06:41 AM by Divorce | with no comments |
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Divorce Maine.
Divorce in Maine, first off you must live in Maine for at least six months before you are able to file for divorce there, usually in some states you must live in a county for so long, but in Maine 6 months, so means you can move to a different county if you need to get settled somewhere before the divorce, this is most best often to do, if your spouse is in agreement, because they can get you for abandonment in some cases.  Divorce in Maine is referred to as a complaint, when you file for divorce in Maine, the other spouse will be served with divorce papers and given a reasonable amount of time to respond to the divorce papers.  Sixty days after filing for divorce in Maine, you can get divorced, if everything is in agreement, if the spouses agree with the divorce, debt division, property division, child custody, and child support then the divorce can be finalized sixty days after the papers were served, if there is any disagreement with any of these things a trial date will be set.  In Maine the most common reason for divorce is irreconcilable differences, where both couples agree they do not want to continue with the marriage and that divorce is the answer.  Here are the other grounds for divorce in Maine. 
  1. Irreconcilable difference, just discussed in the first paragraph.  A divorce can be granted.
  2. If either spouse has cheated, referred to as adultery.  A divorce can be granted.
  3. Impotence in the marriage.   A divorce can be granted.
  4. Extreme abuse and cruelty, good to have evidence of this.  A divorce can be granted.
  5. Desertion or abandonment for at least 3 consecutive years, good to have evidence.  A divorce can be granted.
  6. Extreme gross addictions of alcohol or drugs, along with you trying to get your spouse help.  A divorce can be granted.
  7. A mental illness that has put your spouse in an institution or at least 7 consecutive years. A divorce can be granted.
 It does not make a difference if you use irreconcilable differences in your divorce papers in main, to which spouse is at fault.  We do say it is important especially if there are children involved in any divorce that the parents and children seek counseling, it helps everyone move on with the divorce process and for the children to know they are at no fault for the divorce. 

 

Posted: Feb 22 2008, 06:37 AM by Divorce | with no comments |
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Michigan Divorce.
In Michigan you have to be a resident of the state for at least 180 days before filing for divorce.  You also must be a resident of the county for at least 10 days to file for divorce. In looking at this we see some states that you have to be a resident of the county for much longer, in Michigan this does give you a chance to move to a different county if possible and then file for divorce after you have lived there for 10 days.  A divorce in Michigan is referred to as dissolution, so a divorce is dissolution of marriage. The grounds for divorce in Michigan are very simple.  They are the breakdown of a marriage, irreconcilable differences.  In the divorce papers in Michigan you can simply state that there has been a breakdown of a marriage and that there is no possible chance of reconciliation between the two of you and there is no reason for the marriage to continue.  Most states will give you a list of grounds for divorce, such as adultery, drunkenness, but those are all part of the breakdown of a marriage in Michigan and are causes for a divorce, so it can simply state that there was a breakdown of the marriage.  You can bring up a lawsuit against your spouse if you have been extremely abused and had cruel treatment, but it is separate from your divorce, if you want to pursue the case.  You should also have proof of the abuse, which can be your own documents, a friend, and pictures, but again this is separate from a divorce. The divorce process in Michigan begins when one spouse files for divorce in the county they reside in.  They file for the dissolution of marriage.  The divorce papers are then served to the other spouse.  The spouse is given a reasonable amount of time to respond to the divorce papers.  Again, as in most states, if the spouses in the divorce are in agreement over the divorce itself, property division, debt division, child custody, and child support then the divorce can be finalized without ever going to trial.  If there is disagreement over any of these issues then a trial date will be set for the divorce.  In Michigan you can file for the temporary assistance with debt and child custody and support issues with the court.  Now remember these things will more then likely change after the divorce goes to trial. 

As with any state, it is important to seek some form of counseling for your divorce, especially if there are children involved.  It does allow for children to realize it is not their faults along with helping spouses move along after the divorce.  Remaining friends if you have children together is so very important, remember a divorce is hard anybody, but put yourself where your

Posted: Feb 21 2008, 06:32 AM by Divorce | with no comments |
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Maryland Divorce.
Maryland divorce, you must be a resident of the state for at least a year in Maryland to file for divorce, now that is if the reason for divorce occurs outside of the state, if the reason for divorces falls within the state you must be a resident of the county, at least one of the spouses before filing for divorce.  The legal divorce process begins in Maryland when one of the spouse’s files for divorce within the county they live in, and then the other spouse is served with the divorce papers.  The spouse is then given a reasonable amount of time to respond to the divorce papers.  One of the grounds for divorce in Maryland is insanity of 2 years.  Divorce in Maryland is referred to as a complaint. There are two types of divorce in Maryland.  *Limited Divorce* this is not a permanent divorce, it will not allow you to get remarried or separate or split up property and debt, you could say it is a type of separation of a marriage, the limited divorce although will legalize the separation, as legally separated and will allow and provide for support*Absolute Divorce* An absolute divorce is permanent, this is when an agreement has to come over all debt, property, child custody and child support, in this divorce process like most states, if everyone is in agreement of the divorce along with property division, debt division, child support and child custody then the divorce can be finalized without a trial.  If not then a trial date will be set for the absolute divorce. Now lets talk about the reasons for a limited divorce and an absolute divorce, you must have reasons for both types of divorce. Limited Divorce Grounds.
  1. If there has been any abuse within the marriage of a spouse or children, then a limited divorce can happen, most the time the person that is inflicting the abuse is sent for help.
  2. If there is any vicious conduct in the marriage and if it happens frequently.  Limited divorce can happen.
  3. If you have been left and abandoned in the marriage.
  4. If both spouses agree that a limited divorce needs to happen a voluntary separation on both parts, to see how they live apart and can work things out.
 Absolute Divorce Grounds.
  1. If either of the spouses has committed adultery, the divorce process may begin.
  2. If either spouse has been abandoned, the divorce process may begin.
  3. Both spouses in want of the divorce and agree they can no longer make the marriage work, the divorce process may begin.
  4. If either spouse has been convicted of a felony or misdemeanor, the divorce process can begin.
  5. If there has been a two year separation of the spouses and no longer want to continue with the marriage, then the divorce process may begin.
  6. Insanity, the divorce process may begin.
 In each ground for the absolute divorce, you can bring a lawsuit against your spouse in court.  You do want to make sure before filing for divorce that the grounds for divorce have been met.   

 

Posted: Feb 20 2008, 06:31 AM by Divorce | with no comments
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Updated…Finding a Divorce Lawyer.
I have posted another blog on finding a divorce lawyer and the importance of this.  I thought it would be good to do another and refresh the mind or for those who have just joined divorce and child to do research. It is so important to research the divorce lawyers in your area, and sometimes out of your area, you never know if your state allows you to choose a divorce lawyer out of your county, or state, there is always a chance you can find one that has held even more cases for divorce and won.  So how important is finding the right divorce?  Finding a divorce lawyer that is experienced, and has had many divorce cases where they came out on top on most of his divorce cases, can lead you to possibly get what you deserve in your divorce.  Anyone going through a divorce is going to be stressed, I have said that many times, along with anyone preparing for your divorce, or discussing the divorce with your spouse.  Many times in a divorce a couple can not get along, and talking about what to separate and pay, well you end up needing a divorce lawyer to help you with the preparation along with making sure the spouse understands everything, and sending it to their divorce lawyer.  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. So If you are wanting the divorce lawyer out of your area, that we discussed in the first part of the blog and your state allows, 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, if you see the map located at the top of divorce and child you can do research right there.   I have also mentioned in the past blog that you can call your local attorney referral service, there you get a list of divorce lawyers provided by your city or state. As we all know the good ole phone book is a place you can get a list of lawyers in your area, although I will say that the internet may provide a little more information and research of the divorce lawyer you are thinking about selecting, along with some of their information about past cases. Remember you can make a list of the divorce lawyers and visit several different ones; I also have mention the importance of researching several different lawyers, do not be in a hurry with your divorce, I can not stress that enough, this is something you do not want to go back and do over again.  Even though you may want to be divorce right this very minute, taking the time with your divorce and getting it right the first time, will keep you out of the court the second time….research….research…and read!  So go and talk to several different lawyers, the first consultation is free, every lawyer is different and handles the divorce cases defiantly.  *NOTE* To Remember……When meeting with and selecting your divorce lawyers, it is important to do a little more research before you even go meet the lawyers, you can use the search engines to find more information on the lawyer you are thinking about selecting,  with information, and articles about the many divorce cases your lawyer has handled along with references.  The internet is a beautiful thing! Also, if the divorce lawyer you are selecting allows you to go through a list of clients they have worked with and view how the cases turned out, that is important, they have nothing to hide. Look through and make sure the divorce lawyer you are choosing also does advertisement, if they do not, then they are not a good choice, a lawyer that has articles and advertisements, usually works more with people. Again you can contact your local bar association *NOTE* they will have not only a listing of divorce lawyers but for information on the divorce lawyer you are thinking about selecting and if they have good standing!  

 

Posted: Feb 18 2008, 06:49 AM by Divorce | with no comments
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Wisconsin Divorce.
 Wisconsin divorce. To be able to file for divorce in Wisconsin you must at least in there in the state for 6 months in order to file for divorce.  You must also live in the county you file in for at least 3months before getting a divorce, so living in the state 6 months and county 3 months then allows you to file for divorce in Wisconsin. The only reason for a divorce in Wisconsin is irretrievable breakdown, which are also irreconcilable differences, means the spouses do not get along or what to be in the marriage anymore, there is no reason to continue the marriage.  You can show the irretrievable breakdown of the marriage was caused by certain things in the marriage, here is to list a few, but most times on your divorce papers it will just show irretrievable.
  1. The irretrievable breakdown for divorce may be shown by a petition that both of the spouses did request a divorce and no longer want to be marriage.
  2. The irretrievable breakdown for divorce may be shown by, the spouses not living together, for at least 12 months, meaning no longer in the same household, this will be before the divorce is filed.
  3. The irretrievable breakdown for divorce may be shown, if the couples are not in agreement with the divorce, meaning one wants the divorce the other doesn’t, the courts will show that the marriage is in a breakdown with no possible chance.  Although we do stress to people, if one is ready for the divorce and the other is not, that counseling can help the process for both couples, especially if there are children involved, it can help children know it is not their fault, along with helping couples move on.
 The legal divorce process in Wisconsin starts when one spouse files for divorce and then the other spouse is served, in some cases we have seen both couples have filed, that refers back to your #1 in the list as for the breakdown of the marriage.  The other spouse is then served and given a reasonable amount of time to respond to the divorce papers and then the divorce process to begin.  If both the spouses are in agreement over debt division, property division, child custody and child support, then the divorce can be finalized without a trial.  If there is any disagreement on any of these then a trial date will be set for the divorce, to figure out all of these matters.  In the meantime you can request temporary child support, child custody and debts to be paid between the spouses until after the divorce has gone to trial.

 

Posted: Feb 15 2008, 06:21 AM by Divorce | with no comments
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Indiana Divorce.
Indiana divorce.  When getting a divorce in Indiana you must either be a resident of the state for 6 months or be in the U.S military for at least 6 months before filing for a divorce.  In Indiana you must also be a resident of the county you reside in for at least 3 months or be in the U.S military for 3 months stationed in that county.  In Indiana a divorce is referred to as dissolution of marriage. To file for divorce in Indiana either spouse can state that there are irreconcilable differences and that the marriage is irretrievably broken.  That the marriage is beyond repair and that there is no need to continue with the marriage, resulting in a divorce.  There are also other grounds for divorce in Indiana here is a list of a few.
  1. If either spouse is convicted of a felony, this is grounds for divorce, and the divorce process can begin.
  2. If there was Impotence in the marriage, this is grounds for divorce, and the divorce process can begin.
  3. If there is a mental illness in either spouse for at least 2 years of the marriage, this is grounds for divorce, and the divorce process can begin.
 These must be proved in the marriage if the statement of the divorce is not irretrievably broken.  The divorce process will begin when either spouse files for divorce and the divorce papers are then served.  The other spouse is given a reasonable amount of time to respond to the divorce papers.  The divorce is referred to as the Dissolution of Marriage and is filed with the Superior Court, the Circuit Court, or the Domestic Relations Court.  As with most states if everyone is in agreement with the divorce, the grounds of divorce, debt division, property division, child custody, and child support then the divorce can be finalized without a trial.  If there is any disagreement over the divorce itself, the grounds for the divorce and reason, property division, who gets what debt in the divorce, child custody, or the amount of child support then a hearing will be set for the courts to help resolve the issues and finalize the divorce.  When the divorce goes to trial in Indiana the courts believe that it should be delayed for at least 45 days, one it helps couples resolve some of the issues or think about them, speak with their lawyers, or even get counseling. You can request for temporary child custody, child support, and debt division until the divorce goes to court and is finalized, these can change when the hearing for divorce comes up.

 

Posted: Feb 14 2008, 06:13 AM by Divorce | with no comments
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Delaware Divorce.
In Delaware to file for divorce, either of the spouses can reside in Delaware and divorce.  In Delaware you must be a resident of the state for at least 6 months prior before filing for divorce.  You can also be stationed in Delaware for the armed services, and again must be stationed there for at least 6 months prior before filing for divorce.  The divorce process in Delaware begins when either of the spouses files for a divorce.  Divorce in Delaware is referred to as dissolution of marriage.  The divorce papers must be filed in the county where either spouse resides.  The other spouse will then be served with the divorce papers and given a reasonable amount of time to respond to the divorce papers. In Delaware the only reasons for a divorce are irreconcilable differences or that the marriage is broken, referred to as irretrievably broken, which means that either of the spouses want to continue in the marriage, that is beyond fixing and the only thing to do now is to get a divorce.  Divorce papers are only filed as irretrievably broken.  As in most states and others where it is mandatory, we do suggest that counseling is important, especially if there are children involved, a lot of times they get caught up in the whirlwind of the divorce and think it is their faults, carrying this with them forever.  Counseling also helps spouses move on, knowing that they did all they could to help the marriage before a divorce. Divorce in Delaware does not have to be court approved, if the spouses are in agreement over debt division, property division, child support, and child custody the papers can be filed without a court trial date.  If either of the spouses do want to prove that either of the spouses was at fault for divorce or not in agreement with anything you must prove one of the following.
  1. That there was a separation that was voluntary in the marriage, then divorce can go to trial to prove.
  2. Spouse misconduct, what does this mean?  It can be adultery, alcohol and drug abuse, etc, and then the divorce can go to trial, to prove.
  3. A mental illness that your spouse has that caused a separation in the marriage, then divorce can go to trial, to prove.
  4. If there was incompatibility that caused a separation in the marriage, then divorce can go to trial, to prove.
  

 

Posted: Feb 13 2008, 06:18 AM by Divorce | with no comments
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Washington Divorce.
Washington divorce, you or your spouse must be a resident of Washington in order to file for divorce, Washington does not state how long you must be a resident like some states in order to file for divorce, you can also be stationed in the armed forces in Washington and not be a resident and file for divorce. Washington is referred to as a no fault state, which means that the grounds for divorce are referred to as irreconcilable differences or that the marriage is irretrievably broken, no fault means that you do not have to have several different grounds for divorce like other states, proving that there has been adultery, drug abuse, alcohol abuse etc, or that there has been cruel treatment in the marriage, there would have to be other charges.  No fault allows either spouse to file for divorce and say that the marriage is beyond repair, that there is no since in continuing in the marriage with each other. In Washington the divorce process begins when either of the spouses files for divorce, divorce s also referred to as a Petition for Dissolution of Marriage, and is filed with the divorce court in Washington.  When the divorce papers are filed the other spouse is then served with the divorce papers, they are given a reasonable amount of time to respond to the divorce papers, which in Washington it is going to be between twenty to sixty days for response to the divorce papers.  Like most states if the spouses are in agreement over debt division, property division, child support, and child custody then the divorce process can go through without going to trial.  Now the divorce process will take 90 days to be finalized even without a trial.  If the spouses are not in agreement with debt division, property division, child custody, or child support then a trial will be set for the courts to separate and help settle these issues.  The trial for the divorce will be set months ahead though, it is a lot easier process here, if the spouses can be in agreement. As with most states if the divorce is being sent to trial, you can request temporary assistance for child custody and child support along with who pays what debt for the time being. 

 

Posted: Feb 12 2008, 08:45 AM by Divorce | with no comments
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New York Divorce.
Divorce in New York can be a bit tricky here are is how you are able to even be able to file for divorce in New York.
  1. In New York to file for divorce you must be married in New York. Also to file you or your spouse must have lived in New York for at least a year before filing for divorce. *or*
  2. You and your spouse must have lived in New York together,  and you or your spouse must have lived in New York at least one year before filing for divorce *or*
  3. The grounds for divorce have happened in New York, and you or your spouse lived in New York at least a year before filing for divorce. *or*
  4. You or your spouse have lived in New York at least TWO years before filing for divorce
 Those can be a little difficult but those are the guidelines for even filing for divorce in New York.  There are also certain grounds for divorce in New York; here is a list of grounds for divorce if you live in the state of New York.
  1. You must prove that there has been extreme cruelty and severe abuse that has affected you as a person, mentally, and physically; or that you are not safe with this person in fear of your life, for divorce.
  2. If you have been left and abandoned by your spouse for at least a year, this is grounds for divorce and the divorce process can begin when you prove that you have been left and abandoned.
  3. Your spouse has cheated on you also referred to as adultery in a marriage, but, it must be proven that without your encouragement that you were a good spouse and that the affair in the marriage has happened within the past 5 years of marriage; and also that you did not have an affair also when you found out your spouse has cheated.
  4. There was a written agreement for a legal separation in the marriage, by the court.
 The grounds and process of divorce are a little more difficult in the state of New York.  The divorce process in New York begins when one of the spouses files for divorce in New York.  The divorce process in New York Is referred to as Action for Divorce.  The other spouse is then served with the divorce papers and given a descent amount of time to respond to the divorce papers.  As with most states if everyone is in agreement about debt division, property division, child custody, and child support, the divorce can be finalized without ever going to trial.  If there is any disagreement in any of these; then a date will be set for the divorce trial. As with most states before the divorce trial, you can request for temporary child support and child custody, until the divorce is finalized and who pays what debt temporarily.

 

Posted: Feb 11 2008, 05:57 AM by Divorce | with no comments
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Virginia Divorce.
Divorce in Virginia.  You must live in Virginia for at least up to six months before filing for divorce.  Now we have talked of states having armed force stations, and that if your spouse is in the armed forces that you can file for divorce at any time after moving there.  In Virginia that does fall different, you must be stationed in Virginia for also up to 6 months before filing for divorce there.  So wither you are living and have moved to the state or your spouse is in the armed forces, you have to live there up to 6 months before you can start a divorce process.  In Virginia either spouse can state when they file for divorce and put in the divorce papers that it is irreconcilable differences, that there is no hope for the marriage to continue, or either one of you do not one the marriage to continue.  You can also state in the divorce papers that you both have been separated for at least a year; this means that you both have lived separate from each other in different homes and not lived just separate in the household.  In a separation of 6 months and there are no children involved and are in total agreement of the divorce, the spouses can get divorced after only six months of separation. If spouses have been separated for less then six months and want a divorce, and no one is in agreement then the spouses will have to prove one of the following to be granted a divorce in Virginia. 
  1. That your spouse has cheated on you with another person while being married, again this is referred to as adultery, and then the divorce process may begin.
  2. Extreme abuse or cruelty in the marriage, after showing proof of being abused or cruel treatment, then the divorce process can being.
  3. If either of the spouses has been left, deserted, abandoned by their spouse for up to a year, then the divorce process can begin.
  4. If your spouse has been put in jail for a felony for over one year, then the divorce process can begin.
 The divorce process in Virginia is basically the same as most states, the divorce process will begin when one spouse files for divorce.  In Virginia divorce is called a Complain for Divorce, and the divorce will be filed with the Circuit Court of the Chancery Side, in Virginia.  When the divorce papers are filed by one spouse, then they will be served on the other spouse; the spouse then will be given a amount of time to respond to the divorce papers.  In Virginia if everyone is in agreement of the divorce along with the debt division, property division, child support, and child custody then the divorce can be finalized without a trial, otherwise a trial date for the divorce will be set for some time in the near future.  The divorce court will help with the decisions in the divorce.  After the divorce has been filed, either spouse can file for temporary assistance from the courts if there is not an agreement on anything for the help with child support and child custody, until the decision is made in court.  

 

Posted: Feb 08 2008, 06:13 AM by Divorce | with no comments
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Vermont Divorce.
Divorce in Vermont.  When getting a divorce in Vermont, the process is going to take longer, due to the rules of divorce here.  I n the time period waiting for divorce, especially if there are kids involved, seeking counseling is so very important.  Counseling is not mandatory, but suggest so that it can help children and family move on.  Help the children know that the divorce is not their faults, and help the parents learn better how to deal with divorce and move ahead in the future; most every state does suggest that concerning for a divorce is important.  Some states are mandatory on spouses getting counseling for their divorce and some before.  So here is where living in Vermont and getting a divorce gets tricky.  You must live in Vermont for at least six months to be able to even file for the divorce.  This is not the bad part, to get a divorce in Vermont; you must wait for a year, before the divorce will ever be made final.  Here are the grounds for divorce in Vermont. 
  1. If either of the spouses has ever cheated on each other in the marriage, also referred to as adultery in the marriage.  This is grounds to start the divorce process.
  2. If either of the spouses have been sentenced to jail for life or up to three years in jail or more.  This is grounds to start the divorce process.
  3. If your spouse is cruel and does harm to either you or them selves, this is also referred to as intolerable severity.  This is grounds to start the divorce process.
  4. If ether of the spouses have been deserted and left for up to seven years, and you have had no contact with them what so ever.  This is grounds to start the divorce process.
  5. Mental health issues that are not curable *insanity*.  This is grounds to start the divorce process.
  6. Irreconcilable differences, where the spouses have not been living together for at least six months, the divorce court will see that there is no reason for the spouses to remain together.  The divorce process will begin
  7. Not providing for your spouse when you have the ability to do.  The divorce process will take place.
 Divorce in Vermont starts officially when either of the spouses files for a divorce, also referred to as a complaint with the family court.  The other spouse is then served with the divorce papers, and given a reasonable amount of time to respond to the divorce papers. 

 

Posted: Feb 07 2008, 05:38 AM by Divorce | with no comments
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Texas Divorce.
Divorce in Texas is a little simpler then other states.  In Texas you must live in the state for at least six months before filing for divorce, you must also be a resident of the county you reside in for at least 90 days also before filing for divorce in Texas.  Grounds for divorce in Texas are very simple; they do what is called insupportable, which means that it really is irreconcilable differences.  The insupportable means that the marriage is no longer workable with each other, that you can no longer get along, support decisions, or want to be with each other, which results in divorce.  Even if it has been adultery, in a marriage it is simply stated insupportable, that the couple no longer wants to be married.  If you have come across your spouse being extremely abusive you can file other charges against them, but for divorce wise it will be stated insupportable. In Texas either spouse can file for divorce, the divorce process is referred to as Original Petition For Divorce in Texas.  You will file for divorce in Texas with the Family Law District Court.  When you file for divorce your spouse is then served with divorce papers, they are given a reasonable amount of time to respond to the divorce papers that have been filed, and to get a divorce lawyer if they feel the need to.  Although if the divorce is wanted by both, then the divorce process can move along a bit quicker then setting a court date.  If both spouses are in agreement with dept division, property division, child support, and child custody, then the divorce process with take place with out a divorce trial.  If either one of the spouses can agree on even one of these matters, then a divorce trial date and hearing will be set for some point within the future with the divorce court. If the divorce is set to go to trial, you can get set up and request assistance for temporary agreement on child support and custody.  When the divorce goes to trial, this all my be changed pretty quickly, and the court will look at the property, the debt, etc… and split it up after examining the couples, standard of living, the income that they each bring in, etc…to determine how all of the debt will be divided along with child custody and support.  It is best to always be honest and to research your divorce lawyer, remember if you do not get it right the first time, then you may end up back in court again and again. I also want to say that we always think it is important to look into some form of counseling especially if there are children involved.  It helps them move along with the divorce process as it does you, and able to move forward in the future a little easier, especially if there was conflict and a lot of fighting within the divorce.

 

Posted: Feb 05 2008, 06:18 AM by Divorce | with no comments
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