May 2008 - Posts
We have talked about several of the states and the variations of getting a divorce, and there are many other states to talk about, but since I have told you the big differences about Alaska and child support this week, I figured I would recap over Alaska a bit, this is only on the reasons for filing for divorce in Alaska, there is other information that I will give you, that I give state to state. Every state is different, as we have discussed on reasoning to get a divorce, why, how and when, and even how long you have to live in the state to get a divorce, such as California, you have to reside in the county for so long, before being able to file for a divorce. So here is a look at Alaska grounds for divorce.
When you live in Alaska you may only file for divorce at anytime as long as you are a resident of the state, Alaska gives no time line to how long you must live in the state, as long as you reside there at the time of the divorce. When you live here there are only no fault divorce grounds on irretrievable breakdown for a divorce in Alaska. That means that the marriage is past help, that there is no reconciliation between the couple at all getting that are wanting the divorce, and that the marriage will and can not continue between the couple. So here is also a list of reasons you can get a divorce in Alaska.
1. You may file for divorce if the person cheats on you also known as adultery.
2. You may file for divorce if the person is convicted of a felony.
3. You may file for divorce if there is no consummation of the marriage.
4. You may file for divorce if you are abused and treated inhumanly.
5. You may file for divorce if your spouse gets a mental illness and has to be in an institution for over 18 months.
6. You may file for divorce if there is extreme drug abuse.
7. You may file for divorce if your spouse has Temperament problems.
8. You may file for divorce if your spouse has persona indignities
It really is interesting to see the different variations for why divorce can be filed from state to state. I hope this informational blogs really help people out there needing information on their divorce, if you are needing certain information on a state, please let me know!
Today we are just going to discuss the important's of finding the right divorce lawyer, picking the right divorce lawyer, and never to rush through making your decision on the lawyer your going to choose, to many people do that and then end back up in divorce court, because they are not happy with the results, and then your looking for another lawyer, so be picky when looking for a divorce lawyer, *RESEARCH*
Really, finding a divorce lawyer that is experienced, and has had many divorce cases where they came out on top, is important, and an important thing to remember is honestly, divorce should not be about hurting some one, so its over, but you do want what is rightfully yours in the divorce. And anyone going through a divorce is going to be stressed, along with anyone preparing for one, even friends and family, Many times in a divorce a couple can not get along, but it does not always happen, but honestly if you are reading this blog, and your looking to go through a divorce, or you have been through a divorce, really try to get a long with your spouse, the process does go easier.. So what are some of the right steps for selecting, looking and finding the right divorce lawyer? You may want to know where to search, who to ask. So here is just a few basic important pieces of information.
If you are wanting a divorce lawyer out of your area then you might want to try searching the Internet is usually the best place to find a list of divorce lawyers in a certain area, click the state you are in and do a search of your area along with areas outside of you, you can also usually read a bit about the lawyer and cases and its important if the divorce lawyers have a web site.
It is also important to call your local attorney referral service to get a list of divorce lawyers provided by your city or state. You can also refer to the phone book as well, if lawyers have a web site and a yellow page advertisement, that is usually a good sign, you do want a divorce lawyer that does advertise.
You want to contact and meet with several divorce lawyers in or out of your area, it is important to consult with a few divorce lawyers and look through their articles and divorce cases they have handled, they usually have information for you to read, and most all first consultations are free. Also meeting with several divorce lawyers gives you a feel of how they will work for you, do they really want your case, and are you comfortable, take the time for that, and do not rush your divorce lawyer decision.
We have discussed so many times the differences in child support from state to state, and every state handles things differently, some states are similar in how they handle child support where others are completely different, today I am basically recapping on some child support information. Alaska is one of the states that handles its child support the most different from other states, it has 4 types of child support.
In any state of course the best interest is looked into for the child and who they will be placed with and who will be paying child support after the divorce is finalized and that goes for any state, the best intrust of the child. In Alaska, both incomes are evaluated and an equal adjustment is made, a lot of states do that, they will look at both incomes when it comes to child support. Sometimes the person paying is not paying as much, if the spouse receiving is making more of an annual income then the parent paying. But now as I mentioned before in Alaska there is 4 types of custody with child support.
1. There is what is called Hybrid custody. When one parent has custody of one or more of the children and the other parent have a shared physical custody of at least one of the other children. Child support is assessed differently in this custody, your lawyer if you live in Alaska will have this information based on your income.
2. There is what is Divided custody. The parents do not share custody after the divorce, they split up an equal time and no child support is paid, at all because there is a split custody.
3. There is what is called Primary physical custody. The child will stay with at least one of the parents after the divorce 30% of the time. Child support is assessed differently in this custody, also depending on your income.
4. There is what is called Shared physical custody. The children will be with one parent at east 70% of the year and less then 30% with the other parent after the divorce is final and also again child support will be assessed differently, in this situation.
Now some parents in other states if in agreement OVER CHILD SUPPORT, like we have had questions lately about certain things like, we both share custody right now in our separation and no child support is needed, that is what is called a divided custody in Alaska, so where I am going, is in the information I have read over the last several months on child support, divorce, separation, the parents can always make the agreement to what they want in the papers, as long as they are done legally. So you can do agreements yourself if the state you live in will allow it, just talk to your lawyer.
California, just like any state, has its own set of regulations on how it handles the divorce process. California divorce does fall a little different from other states laws, about how long you must live in the state, before you can file for divorce. In California you must be a resident of the county also when filing for divorce. Here are two major things you must know about California divorce.
1. In California you must live here at least six months before filing for divorce in the state.
2. In California you must live in the county for at least 3 months before filing for divorce.
Most states just allow that you live within the state for so long before filing for divorce, but here you must be a resident of the county you reside in for 3 months, so county for a certain amount of time and state. So if you are thinking of moving before you file, to get away, remember, you will have to live in your new place for 3 months before getting to file for divorce in California. And if you are moving out of state, remember other states do have a time period.So do not move out first. File for your divorce, it will make the process much easier.
If you are filing for divorce in California, either spouse can file divorce the papers, saying that the marriage is irreconcilable. Of course this means that both of the people involved in the marriage agree that there is no way the marriage can make it. That the differences in the marriage have caused both people to grow apart and there is no longer anything there for the marriage to last, resulting in divorce. They can agree in papers with a stipulation that the marriage has ended.
In California, the divorce process legally begins when one of the spouses in the marriage has filed a petition…..this is a petition referred to as dissolution of marriage. The other spouse will be served with divorce papers and must be given a reasonable amount of time to respond to the divorce papers. IF the couples are an agreement of the divorce and know it is coming and agree on debt division, property, as well as the child custody and support, the process can be much easier and even filed without having to go to trial. In most cases couples do not agree about several things in the divorce, and most of the time we see it go to trial. There will be a time and date set for the divorce trial.
When the divorce has been filed, either person in the divorce can file for temporary assistance from the court for help with the child custody, support and debt, until the divorce is finalized.
Here we go, recapping on reopening the divorce case, but in all these other blogs, I have given you specific thing actually 2 that are the most important things when it comes to your divorce........FIND A GOOD DIVORCE LAWYER......READ YOUR DIVORCE PAPERS, and when I say read, I mean everything that's in them, because reopening a divorce case is rough and cost possibly sometimes more then the divorce itself, so if there is something you wanted, go about it the first time around, but yes you can open your divorce case.
There is an application to reopen a divorce case but you must present there being fraud, a misconduct or mistaken negotiations, in the divorce itself. Also if you can show if there was any unfairness in the divorce agreement. It is also very difficult to prevail any time you reopen a divorce case, it really is. You can simply not claim a mistake or just say that the agreement is unfair, if you have fought for these things the first time around. There has to be hard proof in the divorce agreement that there was a major mistake, fraud or deceit, that's why I always say read what you are signing. The application has a major burden to convince a divorce court to reopen a divorce case. In the family court, there is a predisposition that enforces any divorce agreement. Although there is countervailing doctrine that says all divorce agreements must be equitable, just and fair.
In some cases it is possible for a person to reopen a divorce case if they need help with clarifying some terms on the settlement agreement on property in the divorce. A lot of times these agreements are poorly drafted and confusing to read, another reason I have stressed in other blogs, to at least read over your divorce papers once, by yourself, if there is any questions ask your divorce lawyer, and honestly a good divorce lawyer will go over them with you, and also have a friend read the papers, someone you can trust. Most the time after a divorce spouses are very bitter towards each other and it is impossible to discuss anything on the agreement issues. The post judgment aspects of the divorce are more contested that the divorce itself. So if the property settlement is confusing and does not give proper guidance then a person can file a motion with the courts to reopen the divorce. This is called a reformation of the divorce agreement; it is not a modification of the divorce judgment, but merely recognition by the court that the settlement and property agreement does not accurately express all the terms of the divorce, and you are not sure what to do. You can also reopened if the property settlement missed important terms or does have significant gaps. Also in other cases if the parties fail to distribute their assets., out to one another The parties also fail to agree on how the credit card debt will be paid. Many people do not think properly during a divorce, so there are lots of gaps and holes they do not understand after, so reopening for that is possible.
Again this is why I stress so much about finding the right lawyer and reading your divorce papers, and understanding them, before you ever sign, it seriously can save time and heartache.
Yesterday we talked a bit about the information for your lawyer, and how to separate and keep your property in a divorce, so today is just a continuation of your property and how to go about it when the property is split.
We do not want to give up what we have worked hard for but in a divorce, there is going to be a split of property, and at most times, unless couples are at a certain agreement or prenup in the divorce, there is going to a 50/50 split on things course. It is nice although, when both parties can get along in a divorce, you do not always see it but it does happen, and understand what the other person in their life at the time really enjoyed or wanted. Most the time both parties are in a fight in the divorce, over everything and who gets what, so then your asking how do we divide it all in the divorce, and who gets what. There are several things that get split.
1. Do you have stocks or joint bank accounts, that are going to be split in the divorce?
2. The property, the house, some couples split things, but most the time property is put up for sale, and then split 50/50 unless you can work with your spouse on that in the divorce?
3. How will taxes be done after the divorce is final?
4. Will there be alimony?
5. Also if you’re moving and now have new payments such as rents, what debts will you be able to afford, the divorce courts do look at that.
6. Who makes the higher amount of money work wise, to afford the debt in the divorce?
This has to be the worst time, splitting all the property in a divorce, but you will need to look around and ask yourself certain questions and also see what debt you can take on, of course if there is joint account, there is a 50/50 split on those no matter what, each party has to take half of what is going on in the joint bank account in the divorce. It is important though to pay attention to all money amounts that are going on, and even give a print out to your divorce lawyer, and also before you sign anything make sure you understand all the debt you might be paying in the divorce, and make sure you are getting your half. With property and mortgages, the companies will have to do a complete refinance before any party is removed, so if you get that in a divorce, and we have discussed follow through with everything. If one or the other in the divorce is taking on the mortgage and the payments make sure you get what they call a hold harmless clause in your divorce order….so what is that? It says that any damage done to your credit rating if your ex does not pay the mortgage, which was agreed upon in the divorce, says that you are not responsible for any of it. Another reason, for finding a great divorce lawyer, they will know about this. Then there is always the possibility of bankruptcy after a divorce and also during, we have discussed that several times on divorce and bankruptcy, and what is the smartest route to go.
Ok I will be splitting this information up into 2 separate blogs, one today, and then the other tomorrow, there is a lot of how to keep, prepare, and get ready for a divorce on how to keep your property or split it up, I have done some property division blogs, but this is the information you need to have, especially if there is something YOU want in the divorce and you feel it is yours, so there is certain information you need to have for your lawyer, so lets dig a little deeper in, to property division in a divorce, below is from a recap on past blogs the 2 separate ways on how they divide property in a divorce.
1. There is Community Property Division in a divorce.
2. There is Equitable Distribution in a divorce.
So today the discussion is your property in a divorce, there are many things you need to look over and talk to your divorce lawyer about. So what is it you need to do before your divorce, to give to your lawyer to show your property?
1. Well you will need to take a property inventory, make an entire list for your divorce lawyer. You will need to give information to your lawyer about what you have, so they can get an idea of what will be yours in the divorce, and you need to tell your divorce lawyer what is most important to you getting in the divorce. If you do not get a complete list of what you have, or what you want in the divorce, then most likely after the divorce is settled, you will be back in court fighting for something that either yours or at least half yours. Most lawyers do have a checklist of what you will need to get together, and I have discussed that in other blogs, they do know people are under a lot of stress in a divorce, so your divorce lawyer may have you get certain things on your list such as.
1. Any IRA’S
2. Do you have any pension and retirement accounts, you will need write that down.
3. Do you have any stocks and bonds, if so make sure?
4. Items that are in your safety deposit box, that maybe you and your spouse would fuss over.
5. Deposit Certificates
6. Money Market Accounts
Remember this is just a partial list, there is so much more you will need to gather, make sure to ask your divorce lawyer, put that on your check list
2. You will need to value all of your assets. It maybe important during the time of your divorce, even if you and your spouse are getting a long, bring in an appraiser either way. Many divorce couples fight and make a mistake on personal property, who will own it, how it is divided up, 3. There are tax considerations you will need to consult about with a tax lawyer, not your divorce lawyer, especially if there are tax consequences from transferring, selling or holding property as part of the divorce, sometimes property will be sold in the divorce, because nobody can agree, then the money is split.
4. Then the property settlement agreements in your divorce. If you can not agree with your spouse on the property, the lawyers will write up a split. So in this list you will find who gets what and all that will be included in the agreement. It is important and your divorce lawyer should go over it with you, read it carefully, remember how many times I have said its so important to READ OVER YOUR DIVORCE PAPERS. You don’t want to end back up in court again.
5. Then make certain you follow through with your divorce. There are certain things you need to do and look for. Here is a list that may help during your divorce and again you should have your lawyer go over it.
1. You need to make sure your name is released from any property you are NOT receiving in the divorce.
2. Then it is important to refinance property, especially if that is part of the agreement.
3. You will need to set up payments on your end if there is anything you will need to pay in the property division.
4. Make sure that your ex's signature is signed off everything that becomes yours in the divorce.
Tomorrow we will continue with more on your property and how to prepare!
Well we have recapped on a lot in the last couple weeks, and again if there is anyone that needs information on certain areas of divorce or child support, please feel free to ask, I can look up what information I have researched. So today I want to recap and go back a bit since I have done a blog on after the divorce is finalized, what do you do, so here is a few things you need to look for when reading over your divorce order and then what you are going to have to do.
1. At this time you must read over your divorce order very carefully, even if you have wanted to, well now is the time. Sit down open it up where nobody can bother you and read over your divorce order carefully. I really can not stress this enough, how important it is to read over your divorce order, let me give you a very important reason why, in my parents divorce order, just picking it up at my dads, laying in a drawer the other day, talking about us kids in the divorce, I realized all of our birth dates were wrong, so this is why you need to sit down, and make sure everything is correct, this is 10 years later, so do not just skim over the top. Make sure to read it beginning to end. Of course you already did this before you signed it, even if you did please read it again, your mind may at that time been fogged up and you, yourself did not read it properly; and do not rely on your divorce lawyer or the judge. Why so? Because you are the one that is going to have to live with everything that is in those divorce papers. So it is important that you understand everything that is in the divorce papers. If you have questions, this is the time to also ask your divorce lawyer. You also may want to make a copy of your divorce order and give it to some one you trust, so that they can take the time to read over it to, sometimes a person that is new with the divorce papers and reading it for the first time, may see things we do not. It also may be too late to bring it up to anybody if you have waited a little longer to read them, but the sooner you can deal with something you may have missed in your divorce order, the sooner you can deal to get it fixed.
2. So the second thing you need to do if you have spotted something that is incorrect or that you had no idea was going to be in your divorce order is to change it if necessary, if there is time, every state is different on how long they allow papers to be fixed or taken back to divorce court, after it has been finalized, before you have to appeal, which is in my next sentence. Most people in a divorce do like to keep the fight going, but after these papers have been signed by the judge it is tough to get things changed. There can be some simple changes that can be made, without an appeal; here are some changes that can most the time be made to your divorce order, without an appeal, the rest of the time unfortunately you are going to have to appeal, another reason I have stressed in the past, for people to read their divorce papers, before they sign.
1. Simple things like typing mistakes within the divorce order can be changed.
2. Provisions, such as a bank account that does not exist. You can not transfer money if the bank account does not exist. So some provisions like that can be changed.
3. In some states, if you have gotten to it quickly and move fast enough, you may be able to change things as property settlements. You can tell them you were under extreme stress and your judgment was impaired. When you finally took time to read over the divorce order, you noticed the mistake. But remember not all states will do this. So the next step is?
4. To Appeal, which can be a costly thing, so again if you are getting a divorce, thinking about a divorce, remember to read those divorce papers before you sign!
If you are thinking about getting a divorce, well there are certain things you need to do, to basically prepare your life for one, or even if it is just a separation, it will help you and your spouse through the separation process.
So Here are a few things you need to do to prepare your life for a divorce or separation.
1. First off you should open a savings and a checking account, if you do not already have one in your name only. This will help you get ready to one save money on your own. and, when the divorce is finalized if they need to transfer money, you now have your own account.
2. Next if you do not have a credit card of your own, would be a good idea to have one, just to establish some credit of your own.
3. Then you should really see a therapist or a councilor in your area, just for help with the process. You can also choose a family member or a friend to at least talk to through the divorce process. Also be honest about all of your marital problems, and why you want a divorce…..would getting a counselor for both of you, help save anything in the marriage, you will honestly need some one in the time of a divorce to turn to, to help you with unanswered questions?
4. Now also during this time make sure you have copy's collected of certain things such as, deeds, employee benefit info, debt records, tax returns, bank account records, mortgages, investment records etc…..Please put these outside of your home, even with a friend or family, things can sometimes get upsetting in a divorce process, having these things separate will help both of you.
5. If you do not have a job or any type of employment, well then this is the time to get out and find one, to help support yourself.
6. Health insurance is also very important, if you do not have any health benefits of your own, or through work, this is also a time to try your best to get health insurance If your spouse does have insurance, you can ask to have coverage until the divorce is final.
7. Now when I told you about putting important papers outside the home or with a friend, one of the most important ones is to also make copies of any prenuptial agreements, property shared, and any other agreements and also make sure these our with your other important papers. I would suggest with this information a safe deposit box would be a good idea, again make sure it is in your name.
I hope these tips will help you if your are thinking about separating or divorcing your spouse. Some of this information will also be needed to give to your divorce lawyer, and again I can not stress enough, as I always do to find the right lawyer. Also seeing a therapist, its important, like I said especially if there is unanswered questions.
So lets do a recap on divorce terms, and then I am going to post a link for a blog today, that will help a question on the site about getting help with a divorce, meaning through the government. Lawyers use such different terms then we do, so if you are getting a divorce or helping someone along the way, these terms may help you out A divorce as I have said many times before is a stressful time for anybody, wither you want it or not, actually any legal matter at that, is very stressful. So knowing what different things mean, in your divorce papers, or what your lawyer is saying to you, will help out, and maybe clear up a few questions you may have
So, here are some terms used in a divorce and other areas of law.
* Absolute Divorce: This divorce term means that it is the end of the divorce process, everything is done and finalized, in the divorce.
* Action: That seems to be in a lot of papers, so what does it mean when referring to divorce and also other areas of law. Well it is a proceeding or a lawsuit in a court of law.
* Agreement: Well this means that both parties in a divorce or any other areas of law, have done a verbal and written resolution to any issues that was being disputed in the legal matter.
* Answer: Means that the person has had to have a *written* which is very important, response of any complaints, petitions or motions, again when referring to answer, this can be through your divorce process or other legal matters.
* Alimony; A payment that is made to support one spouse by another spouse after a divorce has been finalized.
* Annulment: This is for only a certain amount of time: it also varies state to state, if it has passed the time in your state then a divorce lawyer will be needed. To annul though is to void a marriage, to stop the legal action of marriage.
* Appeal: This can be use again for a divorce, to appeal a divorce or other areas of law, so what does it mean, means you do not agree with the decision made in court and you request that it should be taken higher up in another court.
* Alias Summons: When papers are not served being in a divorce papers or other documents to a person.
I really hope some of these terms help you out when reading over your legal papers. If you have any questions about terms, just ask, I can do a little research and grab some information on it!
What is divorce? I am sure most people know what divorce means but, it refers to the legal end of a marriage. All states have there own ways of governing as to when a divorce may be granted, or to when a divorce may not be granted. There is both fault based divorces and no fault based divorces. What are some of the fault grounds on which a divorce will be granted? Here is a list of a few.
1. Adultery, fault for a divorce.
2. Insanity or a mental disorder, fault for a divorce.
3. Indignities, fault for a divorce.
4. Desertion, fault for a divorce.
5. Cruel Treatment, abuse, fault for a divorce.
6. Bigamy, fault for a divorce.
7. Imprisonment , fault for a divorce.
Then there is the no fault grounds for divorce this is when both people in the marriage acknowledge that the marriage is broken between, and there is no possible reconciliation between these two spouses. Then the divorce will be granted if the parties have lived away from each other over a period of two years and the marriage is totally broken.
So these are a list of a few of the fault and no fault divorce, and they do very from state to state.
When finding your divorce lawyer the divorce lawyer can explain the right options for you and tell you all the rights you have in your state, it is important to find a good lawyer, I have always stressed that in the information I have given, to help you make the right decisions, in your divorce. So if you have considered a divorce or if you have been served with divorce papers, you are concerned about your future, also very confused and upset; finding the right lawyer is very important, they can help your through. The mistakes you can make with out help can impact your future and the final decision of the divorce. A person can not afford to take chances with custody of your children, possessions of home, and child support. A decision in a divorce should never be rushed, but sometimes it is but, it requires guidance and inflection. Take control of your future and know your rights, research your divorce lawyers. Taking time now will help you in your future. Do not over look having the total value of a great divorce lawyer on your side.
Here we are going to recap a bit on California divorce, as any state it has its own way of handling divorce, and its own set of guidelines. Over the past few weeks, we have recapped a bit, and if you have any state that you have questions about please feel free to ask, I will dig up some information about divorce in those areas. So here is some rules to divorce in California.
1. To divorce in California well you must live here at least six months before filing for divorce in the state.
2. To divorce in California you must also live in the county for at least 3 months before filing for divorce.
Most states just allow that you live within the state for so long before filing for divorce, but in California you must be a resident of the county you reside in for 3 months, before filing for divorce. If you are thinking of moving before you file, to get away you will have to live in your new place for 3 months before you are able to file for divorce. So do not move out first. File for your divorce, it will make the process much easier in the state of California, you find every state is different on those guidelines.
When filing for divorce in California, either spouse can file for divorce papers, saying that the marriage is irreconcilable. So this means that both of the people involved in the marriage agree that there is no way the marriage can make it, that either spouse does not want the marriage to continue. That the differences in the marriage have caused both people to grow apart. They both can agree in divorce papers with a stipulation that the marriage has ended.
In California the divorce process legally begins when one of the spouses in the marriage has filed a petition…..*this is a petition referred to as dissolution of marriage*. The other spouse will be served with divorce papers and then will be given a reasonable amount of time to respond, to the divorce papers. A divorce is never an easy process. Although if the couple is an agreement of the divorce and both know that it is coming and can agree on debt division, property, as well as the child custody and support, the process can be much easier and even filed without having to go to trial, in divorce court. In most cases couples do not agree about many things in the divorce, and most of the time we see it go to trial. There will be a time and date set for the divorce trial.
When the divorce has been filed, either person in the divorce can file for temporary assistance from the court for help with the child custody, support and debt, until the divorce process is finalized.
We have talked about finding the right lawyer, divorce, alimony, debt division, etc, so today I am going to recap on the responsibilities of you and your divorce lawyer. The things you should do for your divorce lawyer and what your divorce lawyer should do for you.
Here are a list of responsibilities for you towards your divorce lawyer.
1. Always supply your divorce lawyer with all contact information, I can not stress the importance of this, all phone numbers, and addresses where you’re divorce lawyer can reach you and send you information at all time.
2. You should always be 100% truthful on all information that you are giving to your divorce lawyer, you do not want something coming up that either of you are not prepared for in court.
3. Being available to your divorce lawyer on all of the legal proceedings. is very important.
4. Pay all your legal bills on time, if they have helped you, its good to pay anyone on time, or at least make certain arrangements for paying.
Now here is a list of the responsibilities of your divorce lawyer for you.
1. A good divorce lawyer will and must research all legal issues in your divorce case.
2. A good divorce lawyer must represent you within bounds of law.
3. A good divorce lawyer will and should communicate with you on everything in a good time frame of time. Never keep you waiting and then something comes up and you were not prepared.
4. A good divorce lawyer owes you loyalty, your divorce case should stay completely confidential and they shouldn't be working on any other cases that would be similar to yours.
5. Legally while your divorce lawyer handles your case they must follow all the information you give them in the divorce case, but remember it is always good to listen to your lawyers point of view on things, remember they have handled divorce cases.
6. A good divorce lawyer will never commingle any other papers with your divorce papers and information that belongs to you.
7. There should be no personal relationship between you and your divorce lawyer.
There are responsibilities that your divorce lawyer has along with you and the responsibilities you have towards your divorce lawyer, if you want your divorce to be handled in a professional way; and to get things done correctly, the first time. In all honestly all of these responsibilities are really common sense. If any of these are not followed in a client/lawyer relationship, it can be terminated at anytime, with either party.
That is really all depending on what debt and finances look like, have both of you talked about divorce or bankruptcy? There are so many questions to that, but let me give you the best information possible on what to do.
If there is talk of a divorce in your marriage, if this is something that both of you have talked about openly, you know that there is going to be a divorce and there is a lot of debt, I am going to tell you that the information I have seen and read, it is cheaper to file a joint bankruptcy then separate and bankruptcy during divorce can get confusing and have many conflicts of where the debt is going, or even after a divorce. If you know there is a lot of debt that is being divided during the divorce and you are both going to have to file bankruptcy anyway's even after the divorce is finale, file together before you start the divorce, yes it takes longer, but in the long run can save you lots of money in the future.
It is different if you do not see the divorce coming and your ex files bankruptcy during the divorce without you knowing, we talked about a hold harmless clause that should be in your divorce order, especially if your ex has taken on the mortgage and any land payments. As we discussed before the hold harmless clause in divorce papers, will not allow your credit to go along with you having to make the payments.
So what happens if you both have not discussed a divorce; one of you did not see it coming; or the thought of bankruptcy before, but there is a lot of debt in the marriage; what happens to the property settlements during the divorce while bankruptcy has been filed at the same time? This can get extremely confusing. First off if you file bankruptcy on property settlements during a divorce those are considered non dischargeable, so what this means is that the person that has filed for bankruptcy during the divorce can not have those debts wiped away, many people think they can get everything off in bankruptcy, but during a divorce things will fall different, although if the person can show they can not take care of themselves at all, with the debt or, taking away the debt of the person filing will not do any harm to the former spouse and children in the marriage by not paying the debt. Another reason that if you both want the divorce and there is a lot of debt do bankruptcy before hand, and then get your divorce, this will save a lot of time, money, and heartache.
Remember when you are going through a bankruptcy in the middle of the divorce, everything becomes part of the bankruptcy estate and they may use property, land, and other items to pay off the debt in the marriage. This means you both may end up with nothing, why it is sometimes important to know before hand.
We have recapped all week and I have took a moment to back away from doing state to state info, to sit down and take a look at past information, and recap on it for you all, so that you can easily find the information for selecting a divorce lawyer, alimony after a divorce, and the debt division after a divorce, so today I am going to take a moment and tell you the importance of wrapping up your divorce correctly.
One of the most important things through out the divorce and when you wrap up your divorce before you sign anything, is to read over every thing you are signing and to please understand all your property settlements and what you will have to be paying or receiving in the divorce, a lot of people make mistakes here, and they end back up in court doing appeals to get what they did not see in their papers originally, and appeals are expensive and do not always turn out like you like you want them to. You should really only appeal if something is clearly out of order and you did not understand what was going on, again ask your divorce lawyer if there is something you do not get. Realize what ever you spent on your divorce, is more then likely what you will spend on your appeal and possibly more. This is why it’s important to understand your divorce and to get a great divorce lawyer. So this is a few things you will be paying for in your appeal, so again I can not stress how important it is to understand your divorce papers.
1. In an appeal you will pay for a lawyer to represent your side in court on what you were originally wanting in the divorce, and missed in the papers.
2. Then you may have to pay your ex’s divorce lawyer to do all of these same things. In an appeal if it is something you want, you have to pay for both sides. Again if it is not worth fighting over....
3. You will pay for your divorce lawyer to go over all the issues that you did not see were right in the divorce papers and prepare the papers again.
4. Your divorce lawyer will be pad to brief your ex’s divorce lawyer during this appeal.
5. You will have several hundred dollars for the trial transcript.
If you have to appeal you really need to do your divorce lawyer research, it is so important, you may really want to look for a divorce lawyer outside of your area for this appeal, look for the best, you will need it in a divorce appeal, they can be harder then the divorce itself. Everything is different in an appeal then what it is in the divorce itself, you are going to need to find a lawyer with major experience, especially in all the legal knowledge and writing abilities,but again when wrapping up your divorce I can not stress the importance of reading to a person.
So after it is all over what do you need to do, wither it is the divorce or appeal.These important steps will get you through and and make sure you follow them through.
Do what the divorce papers say. These are the mistakes that divorced spouses make is they do not follow through with what the divorce papers say, and end back up in court again. If you have to pay something or give something, make sure that it is done and get it over with. It is important also if you are receiving child support, make sure that it happens; you really don’t want to end back up in court again, for back pay, make sure that you do not go years on this one. You want to start over fresh and with a good outlook on life. Just make sure that you follow through with anything that is in your divorce papers, or divorce order. Hope this week has helped people get a better outlook on what they need to be looking for.
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