August 2008 - Posts
Recapping on divorce, I will give you some divorce in formation on Nevada. In Nevada you must have lived in the state for at least 6 weeks. Which is different from a lot of areas, because most ask that there is a minimum of six months or longer, so Nevada is one of the states that is a bit easier for divorce in that direction then others. Now here is the tricky part, for the six weeks is that you must have a witness to testify in the divorce that you have lived in the state for 6 weeks. And the spouse filing or the divorce is the only one that has to take a witness to the stand with them. There is only 3 grounds for divorce in Nevada.
1. Irreconcilable differences, is a ground for divorce, which means both agree on the divorce, and that the marriage is beyond repair.
2. If your spouse has been considered insane for the past 2 years...is grounds for divorce.
3. If you and your spouse have not lived together for at least up to a year is grounds for divorce.
Things such as adultery, drugs, alcohol abuse, cruelty, can be stated in the divorce papers in Nevada but they are not considered to be grounds for divorce. So really the grounds for divorce are pretty simple. In Nevada they say they like to make the divorce process a non bashing divorce. So that spouses can not scream they have done this and that through the divorce process. The divorce process can be pretty quick in Nevada if everyone agrees on everything, and sometimes a divorce can be granted in 2 weeks, if child support, child custody, debt division, property division is all agreed upon. If not then a trial date for the divorce will be set.
Very good question! It does depend a lot on what debt you are looking at, at what you will receive in the divorce. Let me give you the information I have looked over, read, and come across over the bankruptcy before or after a divorce.
I will tell you it will be cheaper for you both to file as a couple then it would separately. I will also tell you that divorce is a hard time in anyone's life, and it can be very hard for one to get out on their own. Bankruptcy is not the last place to turn when you are having problems getting settled after your divorce, and finding a way to make it, there are companies now that will work with you to combine everything and then you send in one payment, So bankruptcy before a divorce or after a divorce, IS not your last option, remember that. One it does go on your credit record, and for about 7 years even more, it may be harder for you to move on from bankruptcy then it would from the divorce. So I do say always explore your options, before choosing a way out of them. So now that I have give you that information and you look around at the finances and its the only way to do it, is bankruptcy.....yes it is cheaper to file as a couple, so here is maybe the tricky part for you and your spouse. Do you both know the divorce is coming? Is it something that you both have sit down and talked about, along with all the debt? Its important that if you are going to be filing for bankruptcy before your divorce, you should at least be open with your spouse, because now they will be going out on their own and need to get credit also. So never do the bankruptcy before divorce without the other spouse knowing you are going to get a divorce, then you both have to enter the world...on your own.
I have done another divorce blog on bankruptcy during divorce, that should also be helpful. t does give you so me information if a spouse decided to file bankruptcy during a divorce, they can not get out of a lot of the debt or put it on you, that is considered non dischargeable during a divorce. So one of the best things to do if you are getting a divorce, talk to your spouse, especially if children are involved.
Yesterday we also discussed alimony after divorce in California, today I will be following up on Ohio divorce, with alimony....each state varies in how it handles alimony after divorce and what they look at in determining how much, how long, and when alimony will be paid after a divorce is final. Most states do allow in some divorce, for there to be a temporary alimony while the divorce is in process, just how we discussed yesterday, but that does not always mean you will get alimony after the divorce is said and done. In Ohio, alimony after a divorce is called a spousal support. Alimony after a divorce, is never to serve as a punishment to one spouse, actually I think in cases where a spouse has gotten very use to a lifestyle, no job, even give up schooling and become a stay at home mom, its cruel to toss them out to the wolves, without a little help, and any spouse should see that. So lets take a look at how they determine alimony after a divorce in Ohio.
1. They take a look at the earning abilities of both spouses before and after the divorce, was a spouse without a job, quit any schooling at any time to be a stay at home wife or mom, able to survive on a certain job without schooling after a divorce?
2. The over all health and ages of the spouse are taken a huge look at in the divorce process for alimony.
3. In Ohio divorce for alimony they also take a look at retirement benefits, if the age of the spouse does not allow them to work long enough to put back a good retirement or even survive after a divorce.
4. The total length of the marriage is looked at in the Ohio divorce process for alimony.
5. Is there any conditions that would make it hard for one spouse to get out and seek employment or even schooling, even stay at home moms are looked at like this, specially if the children are also use to this lifestyle and a divorce would completely mess that up.
6. So them the overall lifestyle of the marriage, for a certain amount of years is looked at in the divorce process for alimony.
7. The education of both spouses. How easy will it be for a spouse to return to work or school after the divorce.
8. Each spouses liabilities after the divorce i final, what they will be paying, and their future assets.
9. Will there be any tax consequence in the divorce for either spouse is also looked at for alimony after the divorce, that could be a short therm alimony.
So we see now Ohio takes a really deep look into how it chooses alimony after a divorce and for how long.
If you have any questions on any certain states, please feel free to ask.
Recapping on California divorce a few days ago, and now I am going to give you some more information on California alimony after divorce and the alimony process, what the information for being able to receive alimony after a divorce, remember like most states you can get a temporary alimony during the divorce, to help you start the steps of getting back on your own after the divorce, but that does not always mean you will get alimony after the divorce is final, alimony after a divorce is based on several things.
One thing we need to remember is alimony after a divorce is for the care of a spouse, in any state,and it is to help a spouse get back on their feet, or sometimes alimony can be for the rest of a spouses life,depending on factors such as length of the marriage and age. California alimony is referred to as spousal support. So now here is a list of factors, that is looked at in alimony after a divorce.
* The standard of living during the marriage is of course looked at in deciding alimony after a divorce, if a spouse has become use to a certain way of life for many years, not worked, or also didn't finish school are huge factors.
* The length of the marriage, this also a huge factor in deciding alimony after a divorce. If the marriage was a very short duration. Under 5 years is considered a shot duration, but sometimes you can still receive alimony, it is possibly, can be due to lifestyle, needing school, children.
* The needs of each spouse are looked at in the divorce, when determining alimony, let me give you an example......certain needs needs can be medical, and health needs. These are looked at to see who has the most needs after a divorce. Also a factor in alimony.
* Which spouse has the most financial responsibilities after the divorce, is also looked at?
* If a spouse was a stay at home mom, that is also looked at in the alimony after divorce process.
* The over all contribution to the marriage. So even the house wife is looked at here, if they gave up schooling and a career to give themselves to the marriage and family..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.
* The sources of income that is available to each spouse after the divorce, if alimony will be paid?
* Will a spouse have to return to school, to get a better education, to support themselves after a divorce.
Everything is looked at, how long and how much alimony after a divorce is determined on many factors.
I thought would be a good way to start off a Monday,with a question for people to think about. The question to that most of the time is going to be yes, you do need a divorce lawyer, but it also depends a lot on what is at stake in your marriage, which we will go over a few of those in a moment. A divorce is one; hard enough to go through on your own, and tends to be a very stressful time in most peoples lives,so you have to remember,am I thinking clear enough to handle the divorce on my own, I will say if it is a shorter divorce with not a lot at stake, now which lets take a look at that.
1. Is there an estate involved in your divorce? Is there a lot of property to settle in your divorce.
2. Is there children involved in the divorce.....issues with child support and child custody that you and your spouse are already arguing about?
3. Is there a lot of unpaid debt in the divorce...you do not want to get stuck with all the debt...just because you wanted to get out cheap on the divorce.
That is important to remember, saving money on a divorce now, and not paying for a divorce lawyer can hurt you down the road, if you did not know about how to go about the divorce, and now have ended up with most of the debt and seems like the other half has walked away clean. See the nice thing about a divorce lawyer, is they do the thinking for us. They know how things need to be split in a divorce, what is fair and unfair in the divorce process, and work with us to get the divorce done fair.
So just sit and think about what is at stake in your divorce. I say if there is a lot the most important thing you will ever do is get a divorce lawyer, so that things can be done properly. I am not saying you can not do a divorce on your own and honestly if it has been a short marriage,with not a lot to deal with then you can always go for it on your own, but if your looking at a lot of stuff you could lose, or do not want to gain in the divorce, then get a divorce lawyer.
So I have been recapping a bit on different states divorce information, and thought I would I would go with Ohio divorce information today. I also ask that at any time you need information on a certain states divorce info that it is just a click away or a message away here. I will find you the best information I can on the area you are in. Divorce for Ohio and how long you live there, seem to be a little easier then some states and just like I said the other day, always find out the state to state divorce information, because moving first is not always what you want to do. When you divorce in Ohio, you have to have lived in the state for at least 6 months, the nice thing about Ohio is it is just the state, and there is no rule about county to county, where in some states, you must have lived in the state and the county you reside in for a certain amount of time before you can file for divorce, so with that, what are the grounds for divorce in Ohio. If both souses agree on the divorce, then you can get a divorce by stating that neither one of you want to continue with the marriage and, that you are incompatible, and that the marriage is beyond repair. If either spouse does not agree with the divorce then there are grounds for the divorce in Ohio that must be proved, and so here is the list for Ohio grounds for divorce that must be proved.
1. If spouses have lived apart for at least a year, but then of course this must be proved before a divorce can be granted.
2. Bigamy are grounds for divorce.
3. If there was adultery by either spouse, this is grounds for divorce.
4. Major neglect in the marriage, is grounds for divorce.
5. Fraud in a marriage is grounds for a divorce.
6. Drug addiction or alcohol abuse is grounds for divorce.
7. If your spouse has been arrested and in prison, this is grounds for divorce.
8. If you have been married out of the state of Ohio and decide to divorce here, that makes no difference, you must follow Ohio's rules for divorce.
Ohio divorce begins when one spouse files for divorce and the other spouse is served and given a reasonable amount of time to respond. The divorce process can be even more simple if both spouses are in agreement of the divorce, along with child custody, support, debt division, property division, if there is any argument, a divorce trial date will be set.
I find it important to recap a bit on certain divorce blogs, to make sure the information is out there for people getting a divorce, sometimes I realize if we are upset that digging through divorce information can also be frustrating, but let me also give you some of the divorce tag information, on the main page, the home page of divorce you will see tags used, I try to tag most of my divorce blogs with the information that best helps you find it, the area, if its divorce alimony information etc, so always remember you can hit a tag to find some results, but it still always is good to recap on some divorce information so that people do not miss it.
So today I wanted to go over what your responsibilities to your divorce lawyer is, and what your divorce lawyers are to you, they are important, they help with getting information straight and knowing what's going on in your divorce. So here is a list first off of your responsibilities for your divorce lawyer.
1. Make sure that you always supply your divorce lawyer with ALL of your contact information, if there is a way to get a hold of you, phone, address, email, fax, etc....you need to give that information for your divorce lawyer, so that they can contact you quickly, especially if problems arise in the divorce, and you need to know about it, or even sign something.
2. Always be truthful with your divorce lawyer, if they have the information correct, there is not going to be anything that comes up in the divorce court that shocks everyone, and no one was prepared, so make sure you sit down and talk about EVERYTHING.
3. You should try and be available for your divorce lawyer, for all of the legal proceedings, I am sure that sometimes life will get in the way, but if there is a way to make sure your available for everything, it truly does help, the divorce to go smoother, and for you to know what is going on.
4. Pay your legal bills on time, remember if you can not pay all up front, you can make arrangements to pay with most divorce lawyers...that is so very important, and if a problem arises just like with other bills, call and contact them.
So now its time for the divorce lawyers responsibilities for you.
1. Your divorce lawyer should research all legal issues in your divorce case. That's what good divorce lawyers do.
2. Your divorce lawyer must represent you within bounds of law.
3. Your divorce lawyer should contact you and go over everything that is going on in your divorce in a good time frame. Just as you should be there to take and listen to the information.
4. There should be no personal relationship between you and your divorce lawyer, as they should never try.
5. Your divorce lawyer should never commingle your information with any one else's.
6. Legally your divorce lawyer must follow all the information you give them, but remember that divorce lawyer and client should work together, and listen to each others opinions, not give orders.
7. Your divorce lawyer owes you their loyalty, none of your information should be given to anybody.
Make sure that all this is followed in your divorce case. I hope the divorce information I give weekly truly does help people. it is such a rough time in anyone's life.....please feel free to always ask questions, I will do my best to get you the best information I can.
I thought I would take some time and recap over California divorce a bit....there does seem to be a lot of divorce questions from this area. If there is any other state you would like some divorce information on, please feel free to ask in the divorce blogs I write. very simple and I will see and look up and give you the best information I can find on divorce in your area and state.
When you are getting a divorce in California the one thing is that you must live in the state and county for the same amount of time, 6 months, now you can move of course county to county and have lived in California 12 years, but you still must reside in the county for 6 months before you can file for divorce. Something I like to remind people of, is if you are looking into a divorce, make sure you know your state and counties general information on divorce, such as living in the county for so long....do not move out of state or county and then try to divorce, get that process started.....a lot of spouses will get another spouse for abandonment, in the divorce process, remember some states you have to live there a year, and that can be some states abandonment time.
California's divorce is referred to as the dissolution of marriage, and where a lot of states have a long list of divorce reasons, you can simply state in California that there were just irreconcilable differences in the marriage that resulted in the divorce. The divorce process begins in California, when one spouse files for divorce, and then the other spouse will be served with the divorce papers and given a reasonable amount of time to respond, that is usually at least 30 days in most areas. Now of course the divorce process can go very simple in California, if everyone is in agreement on everything, from the divorce itself, to child custody, property division, debt division, etc......but if not then a divorce court date will have to be set
Divorce mediation, I know we have discussed it a few times, but my girlfriend that is getting divorce, gave me new light on it. I discussed awhile back ago I did have a friend in the process of thinking of divorce, and she had many questions. There are things with the information I have read on divorce that you just want to do, and of course I also told her counseling was important. Her divorce process began and was one huge fight. Divorce usually never goes well, but its either a process the spouses will work together or not, so she decided to go with a few divorce pointers I had wrote down for her in the process and go with divorce mediation. She said it has helped the divorce process so much its almost scary. So with that being said let me show you and recap on the important nice things on divorce mediation.
1. One of the nice things about a divorce mediator is that they can help be a closer to a situation in the divorce. or even the divorce process itself, what this means is they can help close arguments over things, they listen to both sides, and then work together not one sided but together with the spouses on the best way to solve the situation.
2. As I just said a divorce mediator will always be neutral between both of the couples in the divorce process, they basically step outside the box, listen to what both of the spouses are fighting about in the divorce, and they help the spouses resolve.
3. One other nice thing about a divorce mediator, is if you no longer need them in the divorce, they will not stay, they are only voluntary, as soon as the divorcing spouses feel they have all things resolved and closed through the divorce mediator, then they do not have to keep them on.
4. A divorce mediator sits and listens, also is sometimes able to help and share and point out things that maybe one spouse is feeling so that the other understands.
5. Here is another good side to divorce mediation, when a divorce mediator is used, they help resolve 50-80% of all the fighting in the divorce and help resolve the problems where the spouses will work together and everyone walks away happy. I guess in a way its therapy and counseling for a divorce.
Seeking out divorce mediation, may really help one get through the divorce process a bit easier, but as always if we have a big family involved, especially kids, counseling for them, can be a huge important factor.
We have discussed this just a little bit in divorce, about receiving your husbands pension. So many people tend to over look this in a divorce, but it is only fair in many cases that a spouse receives her husbands pension in a divorce. Many divorce cases have been reopened due to pension that was not received in a divorce, because a spouse had no idea they were entitled to receiving it, OR even knew anything about their husbands pension. This is another reason I stress on finding a good divorce lawyer, I am not sure how many times I will say that through out my life :) as I sit here smiling about it, and I know the people that read my divorce blogs probably are going to laugh at that statement, because it is something I do stress in about every blog the importance of a good divorce lawyer, it is something they will pick up on, is that you can receive a husbands pension in a divorce.
Of course with anything there are terms, to how and when and why you can receive a husbands pension in a divorce, such as duration of the marriage, etc, so if your divorce lawyer does not mention it, please do, to see if you are entitled to your husbands pension. So that being said, and again I think of how nice it is to be able to get information, ask questions, and know a little bit before you seek out your divorce lawyer, at least you have the information to ask. Why I love giving the information.
If your divorce is over and now you have learned you could have received your part of your husbands pension in a divorce, a divorce case can be reopened, of course you need to have all your information together its important, and you will have to file your quality motion papers, they of course will need to be very detailed for the divorce case being reopened. Then you will have to have a legal brief to convince the divorce courts to reopen it. Then you will also submit a new CIS for the courts.
I hope everyone has a good weekend, no matter what you are going through, keep your chin held high, I will be stepping in here and there to see if anyone has questions, or responds to the information I have given.
It really is sad to think about getting a divorce I am sure for most people, even if the thoughts are hitting you about getting a divorce, or if you feel the marriage is just not going to last, you really should prepare your life for the divorce. Yes sometimes we do need to do these things in confidence just for ourselves, and sometimes even marriages can make it even if we do go ahead and plan for divorce. I do like to tell people, that concealing is one of the most important things you can do for your family and yourself in a divorce, and maybe before the divorce is ever in process, just to see where the underlying problem is, sometimes it at least gives you a piece of mind that you did try to save the marriage. Look back and look ahead, think if divorce is really what you want, never let it just be the easy way out of a little problem, but with that, lets get your life ready for a divorce.
1. I think one of the most important steps for getting your life set up for divorce, is opening up your own checking account, honestly, I think a person should have this anyway's, especially if there is family inheritance, or you have a separate income before you ever meant the person you are now thinking of divorcing, but yet your own checking account gives you your own independence anyhow, and we all need a little bit of that. So if you do not have one OPEN one, and get started for your life after the divorce, saving. Do not touch the joint account, even those are important in a marriage 50/50 for marriages, that will have to be split in the divorce. So just start getting your life prepared with your own checking account.
2. Next you need to establish a little bit of credit to have on your own for after the divorce, even if t is a small credit cared of your own, but be smart use it wisely and pay it right back off. It allows you to start getting your life set up for the divorce for being independent.
3. I have already mentioned seeing or getting some counseling, its just important, yes you can even talk to a friend and confide in them that you are thinking about a divorce, but sometimes a therapist can help dig a little deeper and help you figure things out.
4. Now do a inventory of everything you have, know what you have property, tax records, if there is any prenuptial agreements, mortgages, investments, bank account records up to date, you are getting my point here :) collect Everything and have it up to date what you have what you owe, what you own and give it to someone out side of your home to hold on for you. Divorce can get very upsetting, so when it is time, now you have records for your divorce lawyer and court.
5. If you do not have a job, not is the time to get one or look into even finishing your degree, remember if you have not been working through the marriage, you can get an alimony sometimes, to get your self back on your feet work and school wise after the divorce. But go ahead and make that step and get a job, and get prepared!
6. Health insurance, it is important, I know a lot of people in this world that do not have it, but if you can get health insurance its very important you do so, now if your spouse does carry health insurance on you, sometimes you can get an extension to cover you until the divorce is final,and sometimes even longer while you make the transition of getting your own coverage.
Take your time and think about what you want out of life, I try to tell people to not over look the little things in life, sometimes we may look back and realize they were the big things. So reflect on your life. Divorce is a huge move.....
Something we really never discuss, is what is a divorce, what does divorce mean, I am sure for most people you know what divorce is, it is and refers to the LEGAL end of a marriage. Today I just wanted to go over a little bit about a divorce, and how each state does things different in divorce, but give some highlights and also to ask your divorce lawyer about your area. I also hope at any time you know that you can ask any question about your divorce or child support questions. For some of the questions last week, I am waiting for some answers back, but I also sent some information in the forum area, so I hope it helped your questions, but know I have sent some questions out and hope to get more answers.
Divorce is never an easy time, but does help on finding a great divorce lawyer, remember when going in for your first free consultation, you want to first off ask what the fault grounds are for divorce in your area, each state and sometimes even county's have a different way on how they governing divorce. And sometimes even if you have been abused that will have to be a separate trial, due to the grounds for divorce in your area. Most states do have a list of grounds for divorce, and these tend to be the most common going state to state.
1. Adultery is fault for divorce.
2. Insanity or a mental disorder is fault for a divorce.
3. Indignities is fault for divorce.
5. Cruel treatment, and abuse is fault for divorce.
6. Bigamy is fault for divorce.
7. Imprisonment is fault for divorce.
Again sometimes in some states such as cruel treatment will have to have a separate trial for it besides divorce, all depends on how your state looks at and governs divorce, but there is both fault and no fault divorces. Both fault divorces are usually the easiest, because both spouses agree on the divorce. Sometimes those divorce process is the easiest.
Yesterday in the divorce blog I did we talked a bit about getting your property inventory, knowing what you have in the divorce, knowing what can be split up in the divorce, also knowing what you want in the divorce. But there is something to also remember unless there was some sort of prenuptial agreement, more then likely there is going to be a fifty fifty split on everything in the divorce, unless you have kept all your separate property separate. In most divorces it is nice when the spouses can agree on what each one wants in the divorce and what they want to take on even bill wise, that is also something important to think about in the divorce, is what you can afford by yourself, once the divorce is final. So think about what you can take on by yourself if you and your spouse are doing the agreement in the divorce. If not then the divorce courts review everyone's case along with the divorce lawyers to see who gets what and who can afford what. Remember, and also read over the alimony after divorce blog, many spouses forget that they can at least get a temporary alimony during the divorce and for a term after, if you have been without work, long enough to get back on your feet after the divorce.
So lets take a look at what usually gets split in a divorce, and also again make sure to read yesterdays divorce blog, about knowing WHAT YOU HAVE.
* There will usually be bank accounts and sometimes stocks that will need to be split in the divorce. Most the time money will be split fifty fifty, unless the spouses can agree otherwise.
* All of the property in a divorce, house, who wants to take on the house payment, or does it need to be sold in the divorce and the money split, bills, credit cards etc. Make sure you know all your bills.
* Remember your going to have to check and see how your taxes will be done after a divorce, that is important, a lot of people forget this and end up in a huge dilemma later on down the road.
* Check to see if there is alimony in this divorce. Also remember to check for if you can receive husbands pension, especially if this has been a really long marriage, a lot of spouses forget this.
* Make sure to know what you can afford if splitting bills, can not remind you enough on that, especially if you are now paying new rent and bills by yourself after the divorce.
* Divorce lawyers and courts also look at who makes the higher amount of money on how things are split, and if alimony and other things come into play.
There is a lot to go over property wise in your divorce, and really sit down and know what you can and can not afford.
Since we ended the week with Arizona and property division in a divorce, I thought I would begin the week off with your property in the divorce. I suppose this is to understand a few things about your property in a divorce the types of property division in a divorce, and how important keeping your paper work in a divorce. Now we have talked about things that a spouse can not take in a divorce such as your property, referred to as separate property, but what if this property is to get commingled, but yet this is something you have worked hard for or given by your family, for your spouse to take half of it in the divorce. So I have discussed how important it is to keep your information, paperwork, if anything is transferred into another account how much from a separate business you had, your getting my point. Make sure you keep all your paper work, and have your information and also TAKE A PROPERTY INVENTORY. Go through everything you both own, and everything you both owe on, you will need it in the divorce, and your divorce lawyer will need it. To make sure you do not get stuck with all the bills in the divorce and a spouse walks away clean, so take a evaluation and know where you stand.
Here is the 2 types of property division in a divorce, I have discussed these in other divorce blogs, but they are,
1. Community property division in a divorce
1. Equitable distribution in a divorce.
Your divorce lawyer will know which fits into your state.
Ok lets take another look at something when I am telling you to gather property inventory for your divorce lawyer. Your are going to have to open up and look deep and your divorce lawyer is also going to want to know if you have any f these such as
* IRA's that will be split in the divorce.
* Is there any pensions or retirements that a certain amount can be taken in a divorce, by a spouse, especially if the marriage is long, remember we have don't blogs about this, you can get a pension.
* Is there any stocks and bonds that will need to be split in the divorce.
* Is there any deposit certificates to be split in the divorce.
*Is there any money market accounts that can be split in the divorce.
* Is there any items in a safety deposit box that need to be split during a divorce.
Now that is a small list but when I say take a property inventory so does your divorce lawyer, know everything so you are not taken, and keep and know all your information on your separate property in a divorce, sadly if its commingled with no record, there is not much a divorce lawyer can do, but if you have records, you may be able to fix some of it. Go through know what you have, its important!
So ending the week on divorce information. I am going to finish out informational divorce blogs with Arizona debt division. I hope it helps with a few divorce questions I have had lately in the Arizona area. I am happy I can find information to help people out in their divorce. It is just never an easy time.
So Arizona is referred to as a community property state, we have discussed that before in divorce, and the property division is handled by the divorce courts in most cases, unless the spouses can work together on who gets what in a divorce. If the spouses can not come to some sort of terms or conditions then the divorce courts will take over and split the property and debt up as equally as they can, but they do take a look at certain factors when deciding who gets what in the divorce. Things such as jobs, income, child custody, child support, who is paying what. So there are different factors that come in to play on who gets what in a divorce, unless the spouses can agree between each other. Misconduct, and things such as adultery are not factored in on who gets what in the divorce.
Now there are certain things in a divorce that can not or are not considered to be community property, and we have talked about this before in divorce blogs about keeping certain things and not to commingle them with marital property, if so they can be taken in the divorce and split right down the middle. Another important thing is to remember to keep all records and information of things that are separate that you have. But lets take an extra look at what can not be split in the divorce unless you have mixed it in with marital property.
1. Assets and things you had before the marriage are considered to be separate property and can not be taken in a divorce, but again remember not to commingle.
2. An income or any income produced by a separate property investment, but its important to also remember to keep a separate account for those, if its mixed in, it can be taken in the divorce, also another good reason to keep all documentation like I said before, at least you can have proof.
3. Property or inheritance, inherited by family can not be taken in a divorce, unless commingled.
Remember and again I will stress to keep certain things separate or at least have documentation of what it is and where its going.
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