April 2008 - Posts
This week I am recapping on information, today I will give a few notes on finding a divorce lawyer and the things you should look for. In many blogs before, I have said that it is so very important to find the right divorce lawyer, the right divorce lawyer can make all the difference in the world. We are not suppose to know everything about a divorce, the process of divorce, what to look for, we are suppose to trust the lawyer, but it is always good to do some sort of back ground check on your divorce lawyer, and remember that most of your consultations with the divorce lawyer is free. So today I will give you a bit of information on finding a divorce lawyer and where to look, and tomorrow we will continue with it a bit, not so much information at once, so here are some good tips on finding a divorce lawyer.
If you are looking and also want a divorce lawyer out of your area then searching the Internet is really the best place to find a list of divorce lawyers in the certain area you are looking for, click the state you are in and do a search of your area along with areas outside of you. Here is a good note to remember, you can also call your local attorney referral service to get a list of divorce lawyers provided by your city or state, also remember that the good ole phone book is another place you can get a list of lawyers, also make sure they have ads, lawyers that advertise, sometimes have a better background, and also ask to see information on your lawyer and his or her office, they should have a list of cases they have won, or articles, or even a list of clients they have, that doesn't mean they will release the info, but show cases they have won and clients that are happy . Remember every divorce lawyer is going to be different
Also remember you can contact your local bar association, they not only have a listing of divorce lawyers but for information on the divorce lawyer you are thinking about selecting has a good standing!
So there is some information on seeking a divorce lawyer, I will have more information on finding and selecting divorce lawyers, and again feel free to ask questions!
So this week I decided to step back a bit, and recap on some basic and general information to do with divorce, yesterday we discussed the general information about alimony in a divorce, so today I am recapping on property division in a divorce and how the courts divide property. I have been giving information state wise, and if you need information about your state, please feel free to ask, so today we are going to talk about the 2 basic ways divorce courts, divide your debt and your property in a divorce. Now some states are different so lets talk about those first:
If you live in, Idaho, Nevada, Arizona, California, Louisiana, New Mexico, Washington, Texas. Wisconsin, they deal with community property in a divorce in a bit different way.
There is a community property division in a divorce, this means that when couples are getting a divorce that the courts separate the property right in half, but this will not include, what is referred to as separate property, now each state has a different way of dealing with separate property, but here is the basic information of separate property in a divorce.
1. Separate property in a divorce can be a pension you had before you were ever married.
2. Separate property in a divorce can be gifts that your family gave you or even inheritance, but the basic rule to that is never commingle it with property you have together, this can cause divorce courts to split it.
3. Separate property can be property that was owned prior to the marriage, again its important not to commingle it or the divorce courts can split it.
Now for all other states there is going to be what's called equitable distribution, and what the courts do here is sit down and decide what would be fair for each couple to get in the divorce, it is not always split right down the middle, it looks at all aspects, such as jobs and health of the spouses, to see who can afford what and get what, here is a basic list.
1. The divorce courts see if there is children involved and what expenses can be afforded.
2. The divorce court looks at all assets and how they were brought into the marriage.
3. The divorce courts look at the over all health and even age of the spouses.
4. The divorce courts look at the work history and job future of each spouse and how much they make to afford
5. The divorce courts also look at how long the marriage was.
I hope this give you a good look at how the states handle the debt and property division in certain areas. If you have any questions just ask, I will dig up some information for you.
We have been discussing a lot of state information on alimony, so I thought it might be a good idea to do a recap blog on basic information on alimony, so anyone needing to know what alimony is, what is the need for alimony after a divorce has gone through, and the types of alimony set up in divorce papers, and also how long alimony can be paid, so here is a recap of alimony information, first off I will give you the 2 types of alimony that is to be paid after a divorce.
Here is the 2 types of alimony:
1. Rehabilitative: this type of alimony after a divorce that is paid only for a certain length of time. What this alimony is for, is that it allows a 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 the alimony after the divorce.
2. Permanent alimony: this is the alimony after a divorce that is paid for an indefinite period of time. But, this does not mean that this alimony will be paid for life, there is a few catches for this type of alimony after a divorce. The paying spouse can ask the court for an elimination or reduction of the alimony, if some certain circumstances happen, or if there is ever a remarriage of the spouse that is receiving the alimony, or death to one of the spouses.
So let me give you all the certain things that can allow alimony after a divorce to change.
1. The death of either spouse, can cause alimony to change.
2. Retirement or a spouse being laid of work, or loosing their job during alimony.
3. Remarriage of the spouse that receives the alimony payments.
Now here is some general information on how the divorce courts choose wither alimony is to be paid after divorce and how they come about their decisions.
1. The over all mental and physical health of the spouse that will be receiving alimony after the divorce is finalized.
2. The debts that the receiving spouse has to pay after the divorce will be settled.
3. The receiving spouse earning capability, and if they can seek any higher education.
4. Any disparity of the earning capacity of the receiving spouse, after the divorce.
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. I hope this information is useful, and this is usually the decisions of most states, although each one can have different decision making processes, which help you in your area, if you need any specific information on alimony in a certain state please feel free to ask, I will gather the information for you, in a post.
Iowa debt division information in a divorce. When getting a divorce in Iowa, the things that you have basically gotten together and gathered during your marriage, is called a marital asset, in most states it is referred to as a marital property in a divorce. The divorce courts try to split the property and debt as equal as possible, unless the spouses are on good term, they can split the debt and property in their divorce, or if they have written documentation of what is to be split in the divorce, but if the courts are dividing the property in the divorce they consider certain things. Now lets discuss first off what is not a marital property, it is gifts, inheritance, but now remember it is important to have all documentation on what you have received and not to commingle it with the marital property. Here is a list of how the divorce courts look at marital property and try their best to split things equally.
1. The divorce courts do look at the length of the marriage.
2. The divorce courts also look at the property brought into the marriage by each person.
3. What each spouse brought to the marriage, they examine who paid the bills and who was more of the child and home maker, each is a contribution and looked at very seriously, in the divorce.
4. The divorce courts take a look at the over all health and age of the spouses.
5. The divorce courts take a look at the earnings of each spouse and even the education skills. If one spouse is going to have a harder time supporting themselves, all of this is looked at on who gets what.
6. The divorce courts look at if the house is not being sold, who has the rights to the family home, they look at who gets custody of the children in the divorce, or if its a joint custody.
7. The divorce courts look at how long certain support payments are to be made.
8. The divorce courts look at if either spouse is going to have a tax consequence because of the divorce.
9. The divorce courts will consider any other factors that seem relevant by the spouses.
It is so very important to have all records and information of your debt and property, you one want to get what you deserve in the divorce and secondly do not want to end back up in the court system fighting for what you should have got the first time around in the divorce.
If filing for divorce in Iowa, you must be a resident of the state for at least a year prior to filing for divorce. If not you are going to have to wait to start the divorce process. You can file for divorce in the county you reside in if you have been a resident of Iowa for a year. I always like to tell people to remember before moving before a divorce, it is important to at least get a free consultation with a lawyer to find out what each states requirements are for getting a divorce, every state is different, when it comes to the length of time you must live in the state to get a divorce.
In Iowa the divorce process is called a dissolution of marriage, that is what the system refers to as a divorce. When filing for divorce, either spouse can file, as long as they have lived in the state of Iowa a year, and they file for a petition for a dissolution of marriage. In Iowa there is a ninety day period that you have to wait for a divorce, and before the divorce becomes final. When you file for divorce, your spouse is then served with papers, the courts allow a reasonable amount of time for another spouse to respond to the divorce papers.
In Iowa the reasons for divorce are irretrievable breakdown of the marriage or also referred to as irreconcilable differences in the marriage, and there is no reason the spouses want the marriage to continue, resulting in divorce.
A divorce is a hard time in anyone's life, receiving some sort of counseling for your family I believe is very important, it helps everyone with the divorce process.
In Iowa alimony after a divorce, can be awarded to either spouse, it is not always just the wife, but sometimes alimony will be awarded to a husband after a divorce. In Iowa, alimony after a divorce is referred to as a maintenance, it is to help a spouse get back on their feet after a divorce. Education to return to the work force, children, certain lifestyles, is sometimes for a shorter amount of time, but sometimes due to the length of the marriage and age of the spouses after the divorce, alimony can be paid for a long period of time after a divorce. Alimony after a divorce is paid in support payments, that can be set up weekly, monthly or even quarterly, due to what the spouses want. Here is a list that determines how the divorce courts determine alimony and for how long it will be paid. Sometimes several of these fall in together for determining alimony.
1. How long was the marriage before the divorce, was it a 5 year or long marriage, being over 5 yeas is considered to be a longer marriage.
2. The overall health of both the spouses and the ages of the spouses at the time of the divorce.
3. How the courts split the debt and property up in the divorce.
4. Education levels and jobs of both spouses, who will need to get more education to get back out into the work force to support themselves after the divorce.
5. The earning capability of each spouse after the divorce, and mainly of the spouse needing the alimony.
6. If there was any tax consequences due to the divorce for one spouse.
7. The standard of living that a spouse come accustomed to before the divorce, if they worked or full time parent from home.
8. Any other factors during the divorce that can be relevant to a spouse receiving alimony after a divorce.
Temporary alimony during a divorce can be set up for a spouse, giving them time to get back on their feet. Also at any time alimony can be modified at any time, due to any changes in the spouses lives, work changes, remarriages, death. etc...
Alimony for any state is the care of a spouse that has basically gotten use to a certain lifestyle, after a divorce, being able to take care of oneself, get the education needed to survive on a certain income. Alimony after divorce can be paid for however long the divorce courts decide, that comes with most states, even New York. Alimony after a divorce can be paid for a short amount of time, depending on if a spouse needs to get a certain education for the work force to be able to support ones self. Some spouses have never worked, or are stay at home moms, this can affect how long alimony is paid and for how long, as the same with age and how long the marriage was, mixed together, alimony after a divorce can be paid up to a spouses remarriage or even death of one of the spouses. So here is a list of what New York divorce courts look at when they determine alimony and for how long after the divorce.
1. The total length of the marriage before the divorce.
2. How the marriage was, and how the spouses seem to act towards each other in the divorce process.
3. The over all health and the age of the spouses getting the divorce.
4. The jobs that each spouse has, and their incomes before the divorce, if there is any other sources of income.
5. The skills for the work force for each spouse, for use after the divorce in the work fields.
6. What each spouse is getting in the divorce, along with the assets and then what each spouse will be paying *Liabilities*
7. If either spouse has special needs they will need helped with after the divorce.
8. Each spouses future income and assets that they may acquire, after the divorce.
Alimony can be also paid temporarily during the divorce process to help a spouse get back on their feet. Alimony can also be modified at anytime if there is any change to either of the spouses lifestyles, including jobs, remarriage, death. etc..
In Colorado, the cause of the marriage and the separation factors that come into play on a divorce, who left, who did what, can be some factors into obtaining alimony after a divorce. Some states do not take those into consideration, but Colorado does. They think that a cause of the divorce can have some factoring on alimony. Alimony in Colorado is considered to be a spousal support. A support to a spouse after a divorce, to either help them get back on their feet, education to reenter the work force, but sometimes the length and the ages of the spouses can have alimony to be paid for a long period of time after a divorce. Alimony after a divorce, is not to be a punishment to a spouse, it is to help another spouse that has come to a certain way of living, reenter into taking care of themselves. Alimony after a divorce unlike some states can be awarded in one lump sump. or just the periodic payments, the lump some is for a shorter time span. So here is a list of the factors for alimony after a divorce. Remember in some cases alimony can be paid until a spouse remarries, or a death of the other spouse, that is when the periodic payments come into play for longer time of alimony to be paid.
Here is a list of factors:
1. The ages of the spouses at the time of divorce, and also how long they have been married comes into play on the age, for how long alimony will be paid after a divorce.
2. The assets to be split in the divorce.
3. Each spouses earning abilities, before and after the divorce.
4. Again how long was the marriage, that is a huge factor on alimony after a divorce, especially if one spouse has not been working, or never worked, and now has to either get education, to better themselves to earn enough to take care of themselves, or reenter the work force on what they know. Again age will come to play in this area also, if a spouse is really to old to reenter the work force.
5. The overall history of the marriage, before it ended in divorce, can have its play on alimony.
Like most states Colorado can order a temporary alimony during the divorce, to help a spouse get back on their feet.
Alimony is for the care of a spouse after a divorce, until they have time to get back on their feet, unless other factors play in, that has alimony after a divorce paid for even the rest of a spouses life. The divorce courts are usually the ones that decide wither there is alimony after a divorce. Alimony after a divorce, is called a spousal support in South Carolina. Alimony after divorce is not a punishment on a spouse. A spouse has gotten use to a certain lifestyle, and has to have time for education and to reenter the work force. Alimony after a divorce is not decided on a fault of a divorce either. So here is a list of factors for alimony after a divorce, several factors can be combined to determine the length and how much alimony after a divorce is to be paid.
1. The length of the marriage before it ended in divorce is a huge factor of how long alimony is to be paid.
2. The health of the spouse along with physical and emotion condition, can be a determination of how much and how long alimony after a divorce is to be paid.
3. The education background of each spouse is determined on for alimony. If there is any additional training each spouse can get ore even educational, this says how much income potential is possible for each spouse, after the divorce.
4. The standard of living a spouse got use to living before the divorce, this can be a huge factor in how much alimony is paid.
5. Who gets custody of the children in the divorce.
6. Any tax consequences from the divorce, is a factor in alimony.
7. If there is any other obligations to another spouse after a divorce, can determine alimony in another divorce.
8. The current earnings of each spouse. How easy it will be for a spouse to reenter the work force, will they need any extra education after the divorce? How long have they been out of the work force, or have they ever worked?
There is also other factors that can come into play in divorce in South Carolina alimony after a divorce. Temporary alimony can be paid during the divorce process.
Today we are going to discuss Indiana's debt division. This is where the divorce courts, split up the spouses, marital assets, which are debts and property that are acquired during the marriage. Not everything is considered to be marital assets. So what are those things? They can be inheritance, gifts, and things that you had before you were a couple, also business that brings in separate money, but you need to be careful, not to commingle those with the marital assets, or the divorce courts can consider them to be marital assets in the divorce, and split them. Remember it is always important to keep all documents and information on your property, those help in the divorce process, and debt division. The divorce courts try to split property as fairly as possible, how the marriage is ended, or things that brought the marriage to an end in divorce, are things that are not considered when the divorce courts are separating property up, and splitting things equally is not always what happens, there are different factors that the divorce courts do look at when being just and reasonable with marital assets. Here is a list of factors of how the divorce courts help make their decision in Indiana.
1. What each spouse brought into the marriage, each spouses contribution to the marriage, before it ended in divorce.
2. The divorce courts look at each spouses acquired property, before the marriage, or even during the marriage, what I discussed in the first paragraph to see what property was maybe a gift, or inheritance.
3. Each spouses circumstances, will one spouse need to stay home with a child, being the custodial parent.
4. The conduct of each spouse during the marriage and the divorce process, now this is not what made the marriage end, but if it relates to the splitting of the marital assets.
5. Each spouses earning capabilities, and how they will take care of themselves after the divorce.
A divorce process is never easy, but I can not stress enough, how important it is to keep all records and information, to be able to give to the divorce lawyers, for the courts in the divorce process of selecting the marital assets.
I am continuing with information on Indiana this week. Giving some information yesterday on child support and today doing alimony information for those seeking information on alimony after a divorce in Indiana.
In Indiana alimony after a divorce or filed in divorce papers is referred to as a maintenance, there are different things factored in to how long alimony may be paid after a divorce. Alimony after a divorce can be paid for years and possibly the rest of one of the spouses lives, or it can be paid after a divorce as a maintenance, until a spouse gets back on their feet after a divorce. So right now let me give you some information for alimony and the factors to it being paid for an extended amount of time after a divorce. These factors are.
1. If either spouse is mentally or physically not capable of taking care of themselves, by supporting themselves, then alimony after a divorce can be paid for a lifetime or remarriage.
2. If the spouse lacks the sufficient property to be able to take care of themselves, and must stay home due to a child or children, and can not work because of that, then alimony is issued to be paid for an extended amount of time after a divorce.
Now the other alimony after a divorce we were talking about, the rehabilitation maintenance, is what it is referred to, now this is paid after a divorce until a spouse is back on their feet, so lets list the factors for this type of alimony after a divorce.
1. At the time of the marriage the spouse did not have a high level of education, and now needs to go back to school to get a higher education level. This is a alimony paid untill the spouse is self sufficient.
2. If because education or employment was interrupted because of a spouse becoming a home maker or because of child care responsibilities. Alimony will be paid after a divorce, until the spouse again becomes self sufficient.
3. The earning capabilities of each spouse is looked at, in some cases alimony will be paid a little longer after a divorce.
4. However long it takes a spouse to reenter or go back to school for the workforce, to be able to become self sufficient, alimony will be paid after a divorce until all those are sufficient.
Alimony can also be ordered during a divorce to and just during, allowing a spouse an amount of time to get back on their feet. Alimony after a divorce can be modified at any time also, just like we talked about in the beginning, it can be issued to be paid longer or a shorter amount of time on any of those, depending on the circumstances.
As in most states Georgia falls as a marital property state, which means what you acquire in the marriage is to be split as equally as possible in the divorce. The divorce courts try to be as fair as they can to both spouses in the divorce, and split the property and debt as equal as they can. Now spouses can have a write up during the marriage and can also agree with each other what they split in the divorce, without the divorce courts doing it, but if there is not an agreement between spouses, then the divorce courts step in and divide the property and debt. Not everything in a divorce is considered to be marital property, so lets take a look at what is not marital property in a divorce.
1. Property that you inherit from family or otherwise, that is named for you, is not considered to be marital property in a divorce, but your own separate property, be careful to keep all record, and do not commingle with marital property.
2. Gifts that were given to you as a gift from your spouse are considered to be separate property in a divorce, again it is good to keep all information as possible on your gifts.
Now this is a look at what the divorce courts consider when dividing your property and debt, if the spouses can not agree on anything in the divorce.
1. The divorce courts take a look at each spouses financial status, what they will be paying after the divorce, and the spouses assets.
2. The divorce courts take a look at each spouses income along with future potential earning ability.
3. The divorce courts look at each spouses debts and what the future needs of each spouse.
Remember when having the divorce courts, or if even you and your spouse are separating the debts and property to have all your information and paper work that you can find. Collecting and having this information can help when deciding what you will get in the divorce.
Alimony in any state is not a punishment to a spouse, after a divorce. It is for spouses that become use to a certain lifestyle, or have maybe quit work to become a full time housewife, after a divorce. It is for spouses that have maybe never worked or for lengthy marriages where age, will not allow for a person to get a job enough to support themselves, after a divorce. Alimony is got ordered for marital misconduct. There are several factors that the divorce courts look at when factoring in wither alimony will be paid after a divorce or not. Alimony can be paid for a short amount of time, up to years and even more. So here is the list of factors when Georgia is choosing if alimony will be paid after a divorce.
1. As I said above the length and the age of the spouses have a lot to do with factoring in if alimony will be paid in a divorce.
2. The financial resources of each spouse in the divorce, what money that they have coming in, and what will have to be paid out in debt after the divorce.
3. How long it will take a spouse to get the right education and be able to return to the work force, to be able to care for themselves after a divorce, alimony can be ordered until a spouse is working and taking care of themselves.
4. What each spouse brought to the marriage, who paid the bills, who was the home giver.
5.The earning abilities of each spouse after the divorce.
Alimony can be modified at anytime, if there is a change to either of the spouses lives. Alimony being modified after a divorce, can be change in job, living environment, remarriage, and death to a spouse. Temporary alimony can be awarded just during the divorce also while a spouse is getting back on their feet, Divorce courts look into many factors when deciding how long and when alimony is paid after a divorce.
When getting a divorce in Arizona, the divorce court has the right to do the property and debt dividing in the divorce, on to who get what's in the divorce. Now the divorce process in Arizona will all be done by the divorce court, if spouses can not come to some sort of agreement, with debt and property division. The Arizona courts do attempt to divide the property as equally as possible in the divorce. Arizona is referred to as community property in divorce.
Misconduct in a marriage is not looked at in a divorce, adultery and etc. is not looked at all when deciding who gets what in a divorce. Dividing property and debt is not done to be unfair in anyway. Property and debt division in a divorce is to try and divide the property as equally as possible. Now spouses can have written agreements in a divorce to who gets what, and the divorce courts can follow who gets what in that.
Now there are certain things that are not considered to be a community property in a divorce in Arizona, and other things such as, gifts from a spouse and things that you owned before the marriage is considered to not be community property. It is also good to keep all paper work and documents of anything you have before and during your marriage, as to show proof that it is not community property in a divorce. Here is a list of some things considered not to be community property in a divorce.
1. Assets that you have before your marriage are considered to be separate property, but again it is important to have all your paperwork, and not commingle anything with property in the marriage, or it can be split in a divorce.
2. Any income that is produced by a separate property investment, again here it is important to know not to commingle the property with any marital property or it can be split in a divorce.
3. Any property that is inherited before or during a marriage, is considered to be separate property, again do not sell anything or commingle anything with marital property or it can be split in a divorce.
A divorce is a hard time in anyone's life, especially when it comes to dividing everything up between the spouses. Nowadays it is so important to document or have written agreements to who gets what in a divorce
In Arizona alimony is referred to as a spousal maintenance. Alimony can be paid to either spouse after a divorce, not just a wife. Alimony is not to be unfair, or any kind of punishment for a divorce, and the courts look at different factors in deciding alimony after a divorce, and for how long it should be paid. Alimony can be modified at any time, it can be for any changes in the spouses lives, remarriage, death, etc...Alimony is not awarded for bad conduct in a marriage, that was a cause of the divorce. Alimony is for the care of a spouse for certain lifestyle they were living and several other factors. Here is a list of reasons to why alimony can be awarded after a divorce.
1. After the divorce a spouse that lacks sufficient property to care for themselves, or to meet needs in their lives.
2. A spouse that can not support themselves through the work force after a divorce.
3. A spouse that lacks earning ability in the work force, to be able to support themselves after a divorce.
4. Alimony can be paid to contribute to education to return to the work force, to be able to care for themselves after a divorce.
5. The marriage was a long duration and the age of the spouse, does not allow them to find any employment in the work force to support themselves.
Alimony after a divorce can be awarded for any of those reasons, but it also depends on the other spouses ability to pay the alimony after the divorce, here are a few other reasons and factors for alimony after a divorce. Here is a list of factors on how the courts decide if alimony will be paid after a divorce.
1. Alimony after a divorce can be awarded for the time for a spouse to seek education, to be able to return to the work force and make enough to support themselves.
2. Each spouses earning capabilities, after the divorce.
3. The standard of living during the marriage, also affects if alimony is to be paid after a divorce.
4. The ages of each spouse as you read above, affects if alimony is to be paid and for how long after a divorce.
5. The ability of the spouse paying the alimony, to be able to meet their needs after the divorce.
6. The length of the marriage, was it a short marriage under 5 years, or a marriage over.
7. Any other factors that seem equitable for alimony after a divorce.
Now couples divorcing in Arizona can also come to a decision on their own, to how much and how long alimony will be paid after the divorce, but this is most of the time couples that are on good terms, in most cases the divorce courts decide how long and how much alimony is to be paid.
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