March 2008 - Posts
Preparing for a divorce in Rhode Island similar to some states. Rhode Island divorce, you must be a resident of the state for at least one year, before being able to even file for divorce there. Divorce is referred to as a complaint. The divorce process will begin when one spouse files for a divorce complaint. In Rhode Island when you file for divorce you file with the family court, in the county that you are a resident of. In Rhode Island there is a no fault base for divorce, for spouses that have lived in Rhode Island for a year each. In Rhode Island here are the grounds for divorce.
1. There is irreconcilable differences, this means that there has been a breakdown of a marriage that is beyond repair and both spouses do not want to continue with the marriage, resulting in divorce.
2. If both spouses have lived apart for at least three years, this means that neither spouse has lived with each other in cohabitation. This is grounds for divorce
Here is also a list of other grounds for divorce in Rhode Island.
1. If there is impotency in the marriage, this is grounds for divorce.
2. If either spouse has cheated on the other spouse, also referred to as adultery, this is grounds for divorce.
3. Extreme abuse and or cruelty in the marriage, this is grounds for divorce.
4. Desertion for five years, with no contact to the other spouse, this is grounds for divorce. Some states do allow a less amount of time for desertion.
5. If there is a bad alcoholism or drug addiction, and a spouse has tried to get the other spouse help, with no affect. This is grounds for divorce.
6. No support and neglect for at least a year, this is grounds of divorce.
Again once the divorce process has started there is a wait, while the other spouse is served with the divorce papers, they are given a reasonable amount of time to respond. If the divorce and everything in it is agreed upon, including debt division, property division, child support, then the divorce in a lot of cases, does not have to go to trial. If there is anything that is disagreed in the divorce a trial date will be set.
Debt Division in Colorado falls just like most states, things that you gain together during the marriage are going to be split as equal as possible. Now if the spouses get a long and can come to terms on what they want to divide in the divorce then the divorce courts will allow that. Most spouses in a divorce end up having the divorce courts separate the debt and property in the divorce process. Not everything in a divorce though is considered to be marital property that is what Colorado refers to the property being divided in the divorce as. First off lets discuss what is not marital property in a divorce.
1. If a spouse was given a gift or inheritance by family even before or after the marriage. That is not considered to be marital property in a divorce.
2. Property that in exchanged for property before the marriage, or by gift or inheritance is not considered to be marital property in a divorce.
3. Property or things acquired after a legal separation, is not considered to be martial property in a divorce.
4. Property that is gained and by a agreement to a person, is not considered to be marital property in a divorce.
But lets discuss something, it is important to keep all property, gifts or inheritance and not commingle it with joint accounts, there is a possibility when that happens, it can be divided equal in a divorce. Keep all information and papers on these maters.
When the courts are deciding who gets what in a divorce there are certain factors that are looked at, so here is a list of how divorce courts separate debt division in a divorce.
1. Things like contribution to the marriage before the divorce is looked at, who took care of things, were they contributing by being a homemaker, who was contributing by paying the bills, all those are looked at.
2. The value of the property that is spouse is taking in the divorce, or the value of the separate property that they may have.
3. If there will be an increase in any property that each spouse is taking in the divorce or the separate property tat they have.
4. Who will be paying what bills in the divorce.
Many factors are looked at. It is important to have all your information and separate property information together properly, if the divorce courts are helping decide who gets what in the divorce process.
Like most states Colorado has its on set of rules to how a spouse can get alimony after a divorce, like most people *spouses* can get alimony during the divorce, while the divorce is pending, to give a spouse time to get back on their feet. In Colorado alimony after a divorce is referred to as a spousal support. Alimony is not to be a punishment for a spouse, it is to support a spouse that one, has become use to a certain way of life, and the impact of a divorce on them. So actions are watched in the divorce, to make sure that a spouse is not being spiteful, and a background is looked into of what the marriage was like before the divorce. In Colorado alimony after a divorce can be handled in several different ways.
1. It can be awarded in one lump sum after the divorce
2. It can be put into periodic payments after a divorce, and for a certain amount of time after the divorce.
Here are the factors that play into alimony after a divorce. How long and why alimony may be paid to a spouse.
1. The ages of the spouses plays a huge part in alimony after a divorce.
2. The length of the marriage before divorce, this also comes into play with the age of the spouses, if it was a long marriage, older spouses, and hard for a spouse to return to a work force after maybe not ever working.
3. The earning potential of each spouse after the divorce, how easy is it for a spouse to return to the work force or get schooling to care for themselves.
4. The history of the marriage before the divorce.
Alimony can be changed or modified at any point. If any thing changes from the order of alimony after divorce, it can be anything from job, remarriage, death, etc...
Every state fall different in what they do with alimony after a divorce or even during a divorce, in a lot of cases a spouse can get alimony during a divorce, while the divorce is pending. This allows for a spouse to get back on their feet. Alimony can be paid after a divorce also, but it depends on certain factors, wither alimony will be paid after a divorce or not. In New York alimony is referred to as a maintenance. We have talked about alimony and the different names each state refers to it as. So here is a list to how they determine wither or not alimony will be paid after a divorce and for how long it will be paid, remember alimony can be paid up until one spouse passes away, or a spouse remarries. So here is the list of alimony after a divorce factors.
1. How long was the marriage before it ended in divorce. Most of the time a marriage over 5 years is determined as a longer marriage, under 5 years you would have a harder time of picking up alimony.
2. How each spouse has acted towards each other in the marriage and the divorce process, actions determine a lot in this, alimony is not to be paid as a punishment, but as a maintenance to help a spouse use to a certain way of life, to get back on their feet.
3. The age and the over all health of the spouses in the divorce, a lot of it has to do with age, one if the marriage has been extremely long and we are talking about elderly that would be extremely hard to return to a work force.
4. The occupations of each spouse or if one spouse has to return to school to be able to get a job to support them and family. How much each spouse made before the divorce.
5. If the spouses have good vocational and employment skills to be able to return to the work force after the divorce.
6. Each spouses assets, what is each spouse walking away with in the divorce, also what will they be paying after the divorce.
7. If either spouse has a special need that needs taken care of, that would also be hard for the spouse to get into the work force, following a divorce.
8. The future outlook for each spouse in income and asset wise.
Divorce again is never an easy process, courts will also allow couples to discuss alimony between each other, and sometimes come up with what they want in the papers.
7.
Ohio debt division during a divorce and how courts decide what spouse gets what. In Ohio debts and the assets that are collected during the marriage, before a divorce, not before a marriage is called marital property. During a divorce the courts look at certain factors, to determine which spouse will get what, now debt division in a divorce the courts will split everything equally, debt division should never be unfair, and in some cases couples can decide between themselves who gets what during the divorce, but if couples can not come to an agreement the divorce courts step in and split it as equally as the can based on certain factors. Now not all property in a divorce is considered to be marital property. Here is a list of what is not considered marital property in a divorce.
1. Things that you had before your marriage, such as assets, are not always considered to be a marital property in a divorce.
2. Interest and if your property that you had before a marriage that has gained some appreciation, may not always be considered marital property in a divorce.
3. Property that is inherited is not always considered to be marital property.
Remember it is good to keep all information on your assets and inheritance, from family and should try to not ever commingle it with property you gain during the marriage. Now here is what the courts look at when splitting things equally in a divorce.
1. How long was the marriage before the spouses divorced.
2. What each spouse will be paying after a divorce, what are their assets and liabilities.
3. If a custodial parent must occupy a family home and household items, to survive after a divorce.
4. How much the property is worth that is distributed in the divorce.
5. How easy is it to keep certain items such as assets in intact for them to gain an interest, after the divorce.
6. If either spouse will have a tax consequence from the divorce.
7. The cost and how much the assets are worth if they sale, after the divorce.
8. We discussed this in the first paragraph if the spouses come to a certain agreement in the divorce, and decide for themselves what each gets.
In most states alimony is referred to as a spousal support. It is a support used to pay a spouse that can determine different factors on how, why, and when alimony will be paid after a divorce and for how long. Alimony can be paid for the rest of a spouses life or until one spouse remarries or passes away. I believe that alimony after a divorce can be just fine, if you have allowed your spouse to be use to a certain way of living, and then expect them to survive on their own after a divorce, that can be cruel behavior. In most cases spouses do not mind paying alimony and couples part as friends, these are the best cases, but in a divorce, most the time people do not part well. So here is a list of factors for Ohio alimony after a divorce.
1. The earning abilities of each spouse before and after the divorce. Who may have to reenter the work force or have schooling to be able to get back on their feet after a divorce after being use to not working.
2. The overall health of each spouse and the age of each spouse getting a divorce. Mental health also comes into play for each spouse.
3. Do either of the spouses have retirement benefits, yes this is looked into how a spouse will care for themselves after a divorce and survive. If they have not been working, it is a long marriage, and there is no way for a spouse to build up a retirement to survive in the future.
4. How long the marriage was.
5. Is there any conditions that would allow it to be inappropriate for a spouse to seek employment outside of the house, have children become use to a stay at home mom for years? Or is there any other condition.
6. Has a spouse gotten use to a certain life style for many years before a divorce?
7. The education of both spouses. Can a spouse easily return to a work force, or have to get education after the divorce. How long it would take the spouse to go through schooling or continue education, to return into the work force to take care of themselves.
8. Each spouses assets for future use, after a divorce, and their liabilities, what will they each be paying after the divorce.
9. Will either spouse have a tax consequence from the divorce?
A spouse in some cases can also receive alimony during the divorce process, to help one get back on their feet. That may change after the divorce itself, Alimony can be modified at any time if there is any change in a spouses life, along with one spouse passing away.
I have wrote information on Michigan divorce, and the process. Today we are going to discuss alimony after a divorce in Michigan. In some cases during a divorce you can get a temporary alimony, to help a spouse get on their feet during the divorce process, and then when the divorce is finalized, the alimony stops. In some cases alimony will be paid after a divorce, but it does depend on certain factors, to how long and when alimony after a divorce will be paid.
Alimony in Michigan is referred to as a spousal support. A court will only have alimony to be paid after a divorce if it is reasonable, there has to be certain factors, and things such as age and how long a person has been married comes into play, or if a spouse was used to living a certain lifestyle during the marriage. Here is a list of the main factors for alimony after a divorce in Michigan.
1. The ability for either spouse to be able to pay alimony is looked at, certain things come into play after a divorce, such as who gets the mortgage and what not.
2. How each spouse acts towards one another is factored in, is it bitter and cold, and does it look like one spouse is only trying to get alimony to hurt the other.
3. The past relationship of the spouses is looked at, how was the marriage before things went into a divorce.
4. How long was the marriage, a marriage over 5 years is considered to be a longer marriage, under 5 years is not.\
4. The age and the health of each spouse is looked at.
5. How each spouse will go back into the work force, is schooling needed for one? Has one spouse been out of work for a long period of time and have a more difficult time getting on their feet after the divorce.
6. Who was at fault for the divorce.
Spousal support or alimony is ordered to be paid for a certain amount of time, and every case is different. Alimony can be changed at any time if there is any change in the spouses ability to care for themselves, remarriage, or death of a spouse.
Dividing property in Nevada divorce is referred to as a community property. Nevada is referred to as a community property state. So what does this mean? It means that anything that is gained during the marriage, before the divorce, is considered to be owned by both spouses. It also means that the divorce courts will try to split the property as equally as they can, in the divorce. Now there are certain things that are not considered community property, and it can also be gained during the marriage, so lets take a look at the things that will not be community property in a divorce in Nevada.
1. Things and assets you had before you were married., these things are considered separate property in the divorce, and you need to have kept it separate in the marriage, which means nothing can be sold and then commingled together.
2. If there is a separate investment and this produces income, it can also be referred to as separate property as long as the money from the investment is not commingled with any marital money and property.
3. Things you inherit from your family, it can also be inherited before and during the marriage, and its important not to again commingle the property together.
Sometimes when things are commingled with marital property, they can be split equally in the divorce. It is also important to keep all documents and proof of your separate property, so that why sometimes when commingled, it can be a proof that it is yours. Now if you and your spouse have a written agreement to whom gets what and what can get taken and split up in a divorce.
Every state is different on alimony and how it handles alimony. I thought it would be good to give you the two types of alimony after a divorce.
Most divorce courts will give alimony while the divorce is in process, even if it is decided after the divorce not to. This is a temporary alimony, and allows a lot of times for a spouse to get back on their feet during a divorce.
So here are the two types of alimony most states carry.
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. A lot of times spouses are stay at home mothers, or wives, if it is a long marriage, then they are use to taking care of the family by staying home, and not through the work force. Returning to the work force, especially after being out of it longer then 5 years, or maybe they never were working. This does allow time for a spouse to find work and get settle into a new life style after a divorce is finalized.
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. This happens a lot of times baised on a long marriage, age, and a certain life style and having children.
Alimony is a spousal support. People forget that they let a person live a certain way, and then think they can take that all away.
Knowing your types of alimony can be very important, in a divorce, especially if one has never worked or has had a very lengthy marriage.
When getting a divorce in Nevada the courts my order alimony to be paid to a spouse. There are certain factors in deciding wither alimony will be awarded to a spouse after a divorce or not. Lets take a look at what the factors are in determining wither alimony will be paid to a spouse after a divorce is finalized.
- The spouses earnings are looked at in a divorce and the cable earnings of each spouse, to wither alimony will be paid.
- The ages and the health of each spouse are looked at in the divorce process. To wither alimony will be paid.
- How long the marriage took place before the divorce process began. Has the marriage been under five years or over five years, to wither alimony will be paid. The longer the marriage the more likely a spouse will be awarded alimony in the divorce.
- How long has a spouse been out of the work force? Has one spouse depended on another for most of their care? This is really looked at in a divorce along with the length of marriage and the ages and health come into play here.
- The education of each spouse is looked at, how easy would it be fore a spouse to return to a work force after the divorce is final, is there any higher education that can be taken for this spouse to better themselves. This is really looked at in a divorce; to wither alimony will be paid also.
- The asses and liabilities of each spouse, what do they have and what will they have to pay and take care of after the divorce is finalized.
- The needs of each spouse, is there medical or certain health care that one spouse has taken care of during the marriage.
Alimony or also referred to as spousal support is not based on a fault of either spouse. It is based on these factors, what a spouse has been used to living and what will they need to do to regain control of their life after a divorce. Alimony can be paid for however long the divorce court sees fit. There can also be temporary alimony awarded during the divorce process while the divorce is pending. Many of the factors above can come into pay, does not have to be one factor, it can be age, health, and length of the marriage. Alimony should be paid out of kindness, but it always isn’t in a nasty divorce process. A person needs to think especially if they have cared for this person, tossing them out to the wolves is pretty sad. A divorce is never an easy process.
Nevada grounds and rules for divorce. In Nevada to be able to file for divorce you must have lived there for at least six weeks. Some places require that you live in the state longer, but in Nevada to get a divorce after living in Nevada six weeks, you must have a witness. The witness will have to testify for you, that you have been a resident of Nevada for at least six weeks. The person filing for the divorce is the only one who will have to have a witness in this case, the spouse that is receiving the divorce papers, will not have to have a witness to testify. When getting a divorce in Nevada there are only three grounds for divorce. They are the only ones that can be stated in the divorce papers, so here is a list of the three grounds for divorce in Nevada.
- Irreconcilable differences. This means that the marriage is beyond repair, and neither spouse can see any purpose of remaining in the marriage. Resulting in a divorce.
- If your spouse has been considered insane for at least 2 years prior to filing for a divorce.
- Spouses that have not lived together for at least one year. This results in divorce
In Nevada things such and cruelty, adultery, drunkenness, drug problems, can not be stated in the divorce. If you have been abused with cruel treatment a separate law suit will have to come out of the divorce. So the reasons and statements for divorce are very simple, making the divorce process a non bashing one, where couples continue to find problems with each other. Now the divorce process in Nevada starts when either spouse files for divorce in any of the following counties where the divorce initially occurred, where the non filing spouse lives, where the filing spouse lives, or where you both last lived. In Nevada there is no waiting period for a divorce, if everyone is in agreement over debt division, property division, child support and child custody, then most divorces in Nevada are granted in about one or two weeks, sometimes less, if the paperwork is simple. If everyone is not in agreement, then a trial date can be set, or the couples can work it out with each other, with lawyers present to do the paperwork.
Illinois; dividing property during the divorce. Who gets what? Illinois refers to asses and debts as marital property, and during the divorce process they do what is called just proportions when dividing the property. Marital property is what is gathered together during the marriage, and then is split as equally as possible or as the divorce courts see fit to do so. Not all property in Illinois is considered to be marital property, so what are the things they will not consider to be marital property in the divorce? Here is a list.
- Assets and property that you had before you were married, these are things they will not make you split in a divorce process, unless you have what they call commingled the property and assets together with marital property. Then there is a chance it can be split evenly in the divorce process.
- If there is a separate income that is produced from an investment you had before you were married and all the income from it has been kept separate from marital bank accounts, again it has been kept separate and not been commingled with anything brought in together during the marriage.
It is always important even if you think you will never get divorced, to just keep separate assets, property and income separate from your joint accounts. If only this could be explained before it happens, but it is important to keep documents of everything you have. Those can save you in a divorce process along with all receipts and documents. So when the divorce courts are dividing property in a divorce, here are some of the factors they look at to determine who gets what in the divorce.
- How long the marriage was, under 5 years or over 5 years?
- All the material and the non material property there is to be gone through and split in the divorce.
- The financial potential or how much the spouse is earning now, where they can go and if they can make more money.
- The health and the age of each spouse is looked at in the divorce.
- Which property was gained by which spouse in the marriage, basically who confirms they acquired the property.
- How either spouse will benefit from the property in the divorce?
- If there was other marriages, and if there are obligations to that family.
- Any signed or agreements made during the marriage.
- Also if there will be any tax consequences in the divorce.
No divorce is easy, no matter what anybody says, it helps to know what your doing and to have answers to your questions.
Today we are going to discuss alimony for Illinois, following a divorce. In Illinois alimony is referred to as maintenance. Alimony is paid after a divorce for either a short period of time or a continued long period, especially if a spouse has to return to the work force and has been use to living a certain way. Alimony really is the care of someone that you had made a promise to in a way, marriage is a promise to be taken care of, and have support, so when a divorce happens and a spouse now has to mange many things on their own, then alimony can come in to play. Just like child support, it is the care of someone, in this case, a spouse trying to get back on their feet. Age can determine a lot on how long alimony will be paid after a divorce. So let’s look at the factors for alimony after a divorce in Illinois.
- Income, now this plays a huge part. Income after the divorce is finalized and the financial needs that each spouse has to make, now if one spouse is use to a standard of living, staying home and has quit schooling after getting married, this can play a huge part in alimony. One spouse will have to find a job with good income to support themselves, and maybe have to return to some sort of school, to better themselves in the work fields.
- The length of a marriage, if a divorce happens shortly after the marriage, or if it’s over 5 years, plays a huge part in alimony after divorce.
- The standard of living discussed in #1, if a person is use to a certain way of living and then has to completely change there lifestyle.
- The age of the spouses along with their over all health, is there any certain medical needs that one spouse has to have, these both can play a part in alimony being paid to a spouse after a divorce.
- If there is going to be any tax consequences to either spouse after the divorce. One spouse may have to pay a short period of alimony to help support this.
- Also dome couples will have an agreement with each other already, that one spouse will pay alimony no matter after the divorce, so then it is setting up the time and amount of the alimony in Illinois, this is one of the things that Illinois does allow, that spouses no matter on factors can come to an agreement for alimony.
Now during a divorce, depending on the length and over all fight, a temporary alimony can be set up while the divorce process is pending. Remember that the amount can change after the divorce is finalized. Now alimony in Illinois can be changed at any time, if there is a showing that one spouses circumstances has changed at any time and then will be modified by the courts.
Today we are looking at New York alimony after the divorce process, and how they determine wither a spouse gets alimony or not. Like most states there are many factors that are looked at to determine alimony after a divorce, how long the alimony will be paid, and how much alimony. New York also refers to its alimony as maintenance, alimony can be paid for just a couple months until a spouse can return to the work field, or it can be paid for years to come. Here are the factors that choose how much, when, and how long alimony will be paid for after a divorce in New York.
- The standard of living before the divorce is always looked at, was the spouse a stay at home mother or wife, that has not had a job in many years of the marriage, and now has to find a way to return to the work force after the divorce, to pay for the cost of living.
- How long did the marriage take place before the divorce, was it a couple months, a couple years or over 5 years? Most the time anything over 5 years before a divorce is considered to be longer marriage, and that has a big play in alimony, especially if the spouse was a stay at home, mother or wife. Also the age of each spouse is looked at, with the length of the marriage along with age, how easy is it to return to a work field?
- The needs of each spouse are looked at, is one spouse going to have to go back to school after the divorce to be able to get a higher paying job to pay bills? Is there certain medical cost etc. alimony comes into play here.
- Financial responsibilities of each spouse is looked at, who will be paying what after the divorce.
- If there are children in this divorce that have been use to a stay at home mother for years, and will the mother going back to work for a full time job have a huge impact on the children. Alimony can be paid while a parent gets schooling, and remains a stay at home mom until the children are old enough to be out on their own, usually 18 years of age.
- The responsibilities of schooling, domestic duty, education and the career building responsibilities are looked at for each spouse,.
- If any tax consequences come after the divorce, alimony can be paid for this. Also the vocational and employability skills of the spouse needing the alimony are looked at, for education and work force needs.
- Sources of income for each spouse is looked at, If they both do have jobs, who gave the bigger contribution of care to the marriage, can one spouse make it on what they are making, will alimony need to be paid for the standard of living before the divorce.
- The conduct of each spouse during the marriage.
- Also the spouse’s assets are looked at during the divorce. Who will be getting what and the cost? Also is there any income or assets to be acquired in the future.
All of these come into play, during a divorce to when and how much alimony will be and for how long. Alimony is a spousal support; a person sometimes does not expect a divorce. You have a person taking care of you and then that is all taken away. Temporary alimony can be paid for during the divorce process, but amounts can change when the divorce is finalized.
Alimony is for the care of a spouse after a divorce. Each state has different factors to why and when alimony is to be paid, and for how long. In California alimony is referred to as spousal support. Here is a list of the factors looked at when the courts are deciding if a spouse should pay alimony after a divorce is finalized.
- The standard of living during the marriage is looked at in deciding alimony after a divorce, is there a lifestyle the spouse has been use to living and then goes from one extreme to the other, after the divorce.
- How long the marriage was, that is a huge factor in deciding alimony after a divorce. If the marriage was a very short duration compared to over 5 years.
- The needs of each spouse are looked at in the divorce. Example: needs can be medical, and health needs. These are looked at to see who has the most needs after a divorce, if alimony will be paid.
- The financial liabilities of each spouse after the divorce. Who has the most expenses?
- If a spouse was use to staying home with the children *being a stay at home mom* from that to being a full time working mother, will this have an impact on the children after the divorce?
- Who gave the most into the marriage, their contribution to the marriage, and the education of each spouse, can the move on into a good career field, or will they have to have schooling to support themselves at all? This is looked at in the divorce and also follows into #3 needs of each party at the time of the divorce.
- If there is going to be any major tax consequences with the divorce. This also plays a huge part in if alimony is to be paid after a divorce.
- How any sources of income are available to each spouse after the divorce, if alimony will be paid?
The divorce courts can set up a temporary alimony while the divorce is in process, to help one spouse that may not be use to working get back upon their feet. When the divorce is then finalized there will be written document that one spouse is suppose to pay the other spouse alimony. Depending on certain factors listed above, will determine how long alimony should be paid after a divorce.
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