November 2008 - Posts
Working in the Florida law divorce area, I thought I would hit on some alimony information. As with any state there are certain factors for what is referred to as a spousal support after a divorce. The divorce courts look at many things in deciding wither a spouse can receive alimony after a divorce. So lets take a look at this. To me this is very important and sometimes I think spouses forget about all these things. When you have counted on somebody for years and changed your life, and then they left, you do have to get back on your feet. Alimony after divorce is never a punishment, and a spouse should never be upset for having to pay alimony to help the person they were with to get back on their feet. So now here is a list of things the divorce courts take a look at.
1. They look at the standard of living during the marriage, how did you live, how were you cared for, and what will your lifestyle be after the divorce.
2. How long was the marriage was before the divorce., was it just for a couple months or years, they most the time look at a long marriage to be over 5 years before.
3. The over all health and ages of the spouses in the divorce.
4. What you will be receiving in the divorce, assets, debt? These are all important to how you will live after the divorce also.
5. Before the separation or divorce who paid the biggest portion of the bills? Who was the homemaker.
6. Did a spouse quit a job or any schooling to remain at home as a home maker for the other spouse and to take care of children. This is important if a spouse will have to return to school or find a place in the work force after the divorce.
There are so many factors looked at in these areas. Alimony after a divorce can be paid for a short amount of time or lengthy. Depends on how many factors are mixed together. Now a spouse can also receive temporary alimony during the divorce also, to help them get back on their feet.
Researching Florida divorce law this morning for one of the blogs, and also anyone else that may be looking for divorce law in Florida.
In Florida you must be a resident of the state to file, this means you can not move then file, You must have filed for divorce before you have left the state. If your in the armed forces in Florida, you can file for divorce at any time.
Florida divorce law you can simply state that there are irreconcilable differences and that the marriage is beyond repair. If there is an agreement on both sides and no arguments with the divorce then you can just simply put a stipulation in the divorce papers, that you can go ahead and divorce, ending the marriage. Now if either spouse disagrees with the divorce and wants to work at it or if there is children involved in the divorce, ALSO if there is fighting on how to split the debt in the divorce, then the courts can order that there needs to be marriage counseling before the divorce process can go into any affect. In Florida counseling for a divorce does not need to come right from a marriage or divorce counselor, you may also see a psychiatrist, minister, rabbi or anyone else that is experienced in counseling, counseling for the divorce can not come from friends or family. It is recommended that there is counseling for families going through a divorce anyhow, because it does help children and spouses open up and move on in life without feeling guilt or pain.
Now of course the divorce process begins when one spouse files for divorce and the other spouse is then served. A spouse is given what is called a reasonable amount of time to respond to the divorce papers, but not a prolonged amount of time. The divorce process can go very simple if every one is in agreement about property division, debt division. child support and child custody. If not the divorce will be set to trial.
In Indiana the courts decide what the spouses get in the divorce. Now this is equitable distribution, but the divorce courts do try to do it in the most fair way possible, so that it is a pretty even split. They do take many things into consideration and we will go over those in just a moment. Now remember things such as if there was prenups will decide, and sometimes the divorce courts will even allow the spouses to decide on some things if they are getting along. There as always are things considered not to be marital assets in a divorce and most states are the same on those as long as the property has not been commingled. inheritance, gifts, money from separate business before you were married, etc...A really important thing to do here, if things have been commingled is at least keep all your documents and paper work, sometimes if the marriage was short and shows the spouse was just using another to gain, they will look at that background, but now lets take a look at what the divorce courts look at when separating the property in Indiana.
1. The divorce courts do not always look at the reason the divorce come about or even the conduct during the marriage, but they do look at how the spouses are acting during the divorce process.
2. The divorce courts look at what each spouse brought into the marriage, a homemaker is looked at just as much as a provider. Both work hard.
3. The divorce courts look at each spouses acquired property, before and during the marriage, They look at gifts and inheritance, and the length of the marriage also to make sure that a spouse did not marry for just the purpose of taking.
4. The divorce courts look at the length of the marriage.
5. The divorce courts look at what each spouse will be paying, their income before and during the marriage and what the spouses are doing after, even alimony comes into play here.
Remember if you need any certain state information, just let me know!
Again as we have discussed states vary from one to another on how they handle debt division in a divorce. Georgia is a pinch different then any state we have talked about so far. Even though they think that everything gained during the marriage is marital property and to be divided as equally as possible down the middle in the divorce, the divorce courts still take a moment to look at a few things before deciding who gets what in the divorce. Lets take a moment though to look at something before going into that. In Georgia they will allow the spouses to choose, if there is no conflict, if there is the divorce courts get to decide. Now there can also be written documents that the spouses do before they are married in case of divorce, saying who gets what. I think what they usually call a prenup can be very important, especially if you have property before or even inheritance that gets commingled with marital property that can be taken in a divorce.
Now when Georgia divorce courts are dividing the property down the middle they do take a moment to look at some things. Most community dividing of property they do not look at things, that is only in equitable split, but Georgia does take a few things into consideration. They do take a look at each spouses financial status and their income and the things they will have after the divorce, what they will be paying and so forth. Future needs are also looked at. So Georgia being a community property state still do take a few things into consideration.
Now as always as in most states there are certain things that can not be taken in a divorce, such as family inheritance, if you had a separate income before you were married, from an investment, and also items you had before. Again the important thing here is not to commingle it with marital property, because it can be taken in a divorce.
Each state varies, Arizona is considered to be a community property state when comes to divorce and dividing property. The divorce courts have the right here on who gets what and get to make that decision in the divorce. The divorce courts do attempt to divide the property and debt as equally as possible in the divorce. Now they will allow the spouses to put in what they want in the divorce, and the divorce courts will look that over when deciding. They will also at some points let the spouses separate the property between each other if there is no fights, but then the divorce courts still have the right to look at the split, of property and debt, they do believe things should be split fairly.
Things such as marital misconduct, adultery are not looked at when dividing property in a divorce, it is not meant to punish anyone, but to separate the property and debt only. Remember in community property states, they do not look what the spouses income or anything of that sorts to figure who gets what, they just divide the property equally, this is where they sometimes allow the spouses to come in and say what they want and do not want in the divorce and if the other spouse will.
Now just like every state, there are things that are not considered to be community property, but your own separate property, again I stress this in every debt division divorce blog that if the property is commingled with marital property it can be taken and split in the divorce, you can keep records, but this does not always count.
So remember things such as inheritance, things you had before you were married, separate income from a separate investment you had before you were married, can not be taken in a divorce. But do not commingle they may not take the business if its in your name but if you have put the money from the business in a joint account that can be split.
So I have been researching state to state and giving some extra divorce information. I there is a certain state you need divorce information on, please feel free to ask.
Each state varies as I said before, and today we are going to talk about the divorce debt division in Nevada. Nevada is a pretty simple area when it comes to debt division in a divorce, Nevada is a state that is referred to as a community property, when it comes to separating debt in a divorce. Now if the spouses are getting along in the divorce process they can be the ones to pick what they want when it comes to separating the property in the divorce, but if not the divorce courts will split it as perfectly to 50/50 as they can. That is what community property in a divorce is. Everything gained during the marriage is both the spouses together, so now it has to be split evenly. Now as always there are some things considered not to be community property in a divorce. Lets take a quick look at Nevada's which are pretty much the same state to state in divorce.
* Inheritance by your family, can not be taken in a divorce.
* If there was a separate investment that brought a separate income before you were married, can not be taken in a divorce.
* Assets you had before you were married can not be taken in a divorce.
*NOTE* That if your property is commingled in with marital property it can be taken in a divorce process. Things like this should be kept separate anyhow, but often get mingled up with marital property. Another important thing to do, if things are getting horrible in your divorce when it comes to certain issues, is to make sure you have kept all your paper work.
So we have hit a couple states debt division in divorce in the last couple days, and I like to add that at any time you need a certain states divorce information please ask, I will do my best to research that state and give you the divorce information. Look up see what I can find. So today we are talking a little bit about Ohio's debt division in a divorce, we have hit 2 states and as I discussed each state is different on how it handles its divorce, alimony, debt division all that in a divorce, but there are 2 different types of debt division in a divorce. Ohio fits in the equitable debt division in divorce. This is where the courts decide in the divorce who gets what. Many factors are looked at and even each state is a little different on what it takes in, on who gets what. Even though there are many factors lets take a look at a few of the ones here.
* The divorce courts in Ohio look at how long the marriage was, and how quick things were acquired, even to the point of who's name it was in.
* The divorce courts look at each spouses liabilities after the divorce, what will they be paying. Then they take a look at each spouses income and work history.
* The divorce courts look at whom will be the custodial and non custodial parents in the divorce.
* The divorce courts look at what each spouses assets are, and honestly how long they will be able to stay in tact.
* The divorce courts look at if there will be any tax consequences or even pension loss in the divorce.
* The divorce courts look at how much the assets each spouses have and how much they are worth.
Let me make a quick note that for Ohio divorce, if the spouses are not fighting and can come to terms on who takes what in the divorce, they may do so. But there can not be an argument,
Now as always there are things that are not considered to be any kind of a marital property in a divorce. Going over those quick they seem to be pretty close state to state in most divorce cases and the important things to remember as I always end up saying. Do not commingle the property. Plus if anyone has a separate business and inheritance, in all honesty it should be kept in a separate account. But if commingled can be taken in a divorce. But things such as inheritance, gifts, things you had before the marriage, separate business before the marriage that brings in income can not be taken usually in a divorce.
We have started to do state to sate information a bit on property division in a divorce. Yesterday we talked about a state and equitable distribution in a divorce, New York. California is a community property state and that means everything is split right down the middle in the divorce. Everything gained in the divorce is now taken and split as perfect to 5050 as they can get it. Where equitable laws for property division take a look at what is pretty much going on in the spouses lives, a community property state just separates the property in a divorce. There is good things to both separations. One I think spouses when things are split in half in a divorce some what feel better. The ones with the equitable some how walk away with things a little more placed for their lives, but may not have got what they wanted in the divorce. But lets take a look at what is considered not to be community property in California.
1. Things you had before the marriage, is not considered to be community property in a divorce, although some spouses have been known to trade things a spouse may like in a divorce to get rid of a certain debt.
2. Now if you have a investment before you were married that brings in a separate income, this is not considered to be a community property, but here is the tricky part. If the money has been commingled in a joint account and not been kept in a separate account then unfortunate half the money can be taken in the divorce.
3. Money gained from inheritance. Now is not usually considered to be a community property, but again the tricky part comes that if the inheritance has been commingled with marital property, is now considered half to be taken in the divorce.
It is why i tell people to keep things separate, no we never want to look at a marriage and think it is going to end in divorce, but for future, even on a business level, things such as business and inheritance anyhow should be kept in a separate account.
Yesterday we talked a bit about property division laws in divorce, and how they vary state to state. There is community property in a divorce, where things are pretty much split right down the middle and equitable distribution in a divorce where the divorce courts take a look at many different things when dividing property in a divorce. New York is an equitable state. Here is what the divorce courts look at when deciding who gets what in the divorce.
* Divorce courts look at what both spouses are making at their current jobs, to determine what spouses can afford what in the divorce.
* Divorce courts take a look at how long the marriage was.
* Divorce courts take a look at medical and health care cost for the spouses and if there is any special needs.
* Divorce courts, if there are children involved. take a look at who is the custodial and non custodial parent in the divorce.
* Divorce courts look to see if there is any loss of pension through the divorce.
* Divorce courts look to see if there is alimony being awarded, and for how long, that can also determine who can afford what in a divorce.
* Divorce courts take a look to see if there will be any tax consequence in the divorce.
There will again and can be many more factors involved when separating debt and property in a divorce, but remember there are things still considered to be your property in a divorce, if it has not been commingled with marital property. It really is important to keep all your paper work on things, even though in a lot of divorce cases you do not see that, but here is what is considered to be marital property in a divorce, again if not commingled.
Things that you had before you were married. can be furniture, things from your family, inheritance, and gifts, but again keep those separate, they can not be in a joint account.
Also anything that has produced a separate income, an investment or business, but again can not be in a joint account.
So it is important to keep things separate even going into a marriage.
Dividing property in a divorce can get tricky and I like to tell people in all marriages to keep certain things separate. No you do not want to go into a marriage with thoughts of divorce, but you do want to go into a marriage with protection towards the future. It is sad to see people lose everything they have worked for in a divorce, by simply putting it all into a spouses name. Not that you should not trust a spouse, but things do happen, so it is always important to keep a sound mind for the future ahead.
Each state also has its own guidelines to property division in a divorce and how it is done. I am going to start giving out some state to state information on property division in divorce, so if there is a state you are interested in please let me know and I will research that state.
So today I am going to go over some basic information on how property division in divorce works, then we will start some state information.
There is community property in a divorce, which means spouses will split 5050 in the divorce on everything, now that does not mean your separate property, that is what I like to remind people to keep in their names. That's things you had before the marriage, gifts and inheritance, etc, but there is an important rule to that, if it has not been commingled with marital property, if not a spouse can take it in a divorce and marital property. It is important though to keep a record of everything you have.
There is also what's called equitable distribution in a divorce. This means everything is divided equitable way, in the divorce, which means what's fair to each spouse in the divorce . It does not mean a 50/50 split of things on an equitable distribution, so how do they come up with what's fair to each spouse, when dividing property in the equitable distribution in a divorce? They look at everything from age, to health, to each spouses income, work history. etc in the divorce, who will have main custody of children in the divorce. So everything is examined.
This happens a lot these days, spouses moving and then the fight begins in the divorce. I do try to suggest to spouses moving out of state or even county before you enter into divorce or file, is just not a good move. If your moving just to spite the other, remember and I try to tell people, think of your children in this process, should a child be punished just because to parents want a divorce? Also ask yourself this.
Moving in a divorce can also be difficult with children, remember if the nature of the move is just for spite you may have to come back, and remember this can even make your child support lower, because spouses will have to split the cost of visitation from parent to parent in the divorce papers.
Now if a spouse is moving for a job or even to be close to family to help out, even better themselves with a good job this is different, but again I suggest this waits till after the divorce and child support and custody are written in the divorce papers. I try to remind people to get along, and also therapy and counseling for the children in the divorce. So many people make such hasty moves, and it only hurts instead of making things better. I try to tell spouses that are getting a divorce, even if you do not like one another think of the children in these cases. You can still get along, after all you want to raise beautiful happy children.
I think it is nice if spouses do need to move in the divorce, and they work together that's great, like job or to have family help in this time.
It is important when it comes to selecting a divorce lawyer.
I did want to hit a little bit on what we discussed yesterday for a moment. I did think about doing an entire blog on how a person can not file for bankruptcy right in the middle of a divorce where one spouse will end up with all the debt, but thought I would just throw in that it can not be done, so read over yesterdays blog if you do have questions about that. A special law does stop a spouse from filing for divorce and the other spouse having to pick up all the debt. Simple! Even though I think there are other routes you can take besides bankruptcy if it is a last option and you are looking at divorce, read over the blog, now back to selecting your divorce lawyer!
I have done a blog on divorce lawyer and client responsibilities, the importance of when you do find the divorce lawyer you are looking for the information and responsibilities for you both. You want to get your divorce right the first time around. That is why I think meeting with several divorce lawyers before settling for the first one is so very important. I also love how people refer who they think is the best divorce lawyer and a person does no research and grabs the first one. One of the main reasons to meet with several different divorce lawyers is to also get a feel for how important they look at your case. Do they seem interested, what are their views, do you both seem to get along and feel you will work well together during the divorce process. This is all important, meeting with several divorce lawyers allows you to get a view on each one honestly and see how they look at things, and gives you an idea of who takes your divorce case the most serious.
See what questions they ask you. Give them all the information about why you are wanting the divorce, what you want and also tell them what caused the break down of the marriage and if there are children in the divorce. The background of your marriage and what is going on in it is very important so see how each divorce lawyer responds and who you think you will work best with, it is very important take time to do the research!
Here we are, had this question a few times about bankruptcy and divorce, recapping a bit and giving you some information along with some opinions.
I believe that if you can, and remember things will be split in the divorce, not one spouse will take on all the bills after the divorce, so this is something to remember. There are also companies out there now that will consolidate all your bills together for one low monthly payment, yes it make take longer to pay off but you are doing it. There is also taking one thing and working hard to pay it off then the next, so remember there are options besides bankruptcy , but if it is really your last resort and you realize your going to have to. Here is some information I am giving you on bankruptcy and divorce.
Divorce is never easy at all, I do not care what people say, it is stressful and now here you are trying to figure out your bills and how your going to do it! Now I will say, if you and your spouse know you are heading for divorce, which most couples sometimes do, and you realize you have all this debt and you have researched all the avenues of splitting it up and how you will make it after the divorce. Even though most couples do not sit so calmly and talk about things, it is cheaper for bankruptcy as a couple, then if you were to file separately after the divorce, and one spouse can not file for divorce on any of their stuff DURING the divorce, we may talk about that tomorrow. There is a law that stops it from happening during the divorce. So do not think that can happen to you and then your stuck with all the bills. So lets say this if you do see the divorce coming, you can still talk as a couple it is cheaper to do it before the divorce as a couple then after separately. You may also need to talk to your spouse about this even if things are really bad. I feel to spring a divorce on anyone is an unkind thing to do, or leaving without notice, unless you are in a horrible situation , at least let your spouse know.
We we also talk about not being able to divorce and bankruptcy at the same time in another blog soon.
Yes we have talked about this several times, but I love to give this reminder to people getting a divorce, especially if there seems to be a lot of fighting going on in the divorce itself. I think divorce mediation and mediators are becoming more and more used now in a lot of divorce cases. They really do help so much. Now let me clear something, they are not at all any kind of a therapist, so if you do need help which I do suggest that all families in a divorce seek some counseling *therapy* especially with children, it can help a lot of you answer questions and help people move on, and children not feel that a divorce is their fault, you will see in a lot of studies that children blame divorce on themselves. But now back to divorce mediators. Mediators help so much on not being one sided but looking at the over all picture and help spouses in the divorce work out what they are fighting over. Well lets just take an over all look at this.
1. A divorce mediator stays neutral to both spouses in the divorce, they do not take sides, but they will look at the over all problem and give the best possible solution for the spouses.
2. A divorce mediator will also and can be a closer for the divorce. Help close arguments, help close and fix the problem that the spouses may have and them over on to the next, instead of circling around in a fight.
3. Here is another nice thing, when you bring a divorce mediator in to help the spouses in a divorce, they only stay for as long as you need them. If you are needing them for one situation or the whole divorce, you use them for as long as you want. They do not stay for the entire divorce process unless you want them.
4. Studies show that spouses that have used divorce mediation that 50-80% of the time the divorce did not drag out and problems were solved quicker and the divorce went a lot smoother.
I think divorce mediation can be incredible, especially for people that will not agree on anything in their divorce, the mediators give the spouses basically the big picture!
I do also think that separate counseling for families is important.