April 2009 - Posts
Normally an uncontested divorce is faster and cheaper than a contested divorce. The law typically allows both parties to define their own futures when both parties agree to the terms of a divorce. The end result of an uncontested divorce is that the spouses are not forced to live by a judgment given to them by a Virginia Judge.
The uncontested divorce is very beneficial when children are involved in the divorce. After and uncontested divorce, relationships are more peaceful. As a result, parents are able to raise their children together after the divorce much more civilly.
There is for more confidentiality in an uncontested divorce. In a contested divorce, both parties must review all financial aspects before the divorce court. Many private details about you may be revealed in a contested divorce. In the case of an uncontested divorce, all of your personal information is private and not displayed.
Uncontested divorce are more useful to spouses who agree to disagree and can be civil to one another. This is usually not a marriage where violence or adultery has occurred.
An uncontested divorce may be the more civil route for some couples going through a divorce. Talk to your spouse and see if this will work in your divorce case.
Constructive desertion is typically described as one person leaving the actual marriage, not necessarily the home. One thing to consider in a divorce is you may have been deserted if your spouse does not physically leave your residence. If your spouse’s behavior or misdemeanor is extremely cruel then you may be able to leave the home and charge your spouse with constructive desertion in your divorce.
Here are some typical examples of things that come up in a divorce that may be eligible for constructive desertion :
Behavior or conduct that endangers the other spouses’ life, health, safety and even self respect if more than one instance of self respect related damages have been proven.
Refusal of sexual relations willfully and without cause. In addition you must prove that the spouse has also stopped participating in mutual responsibilities of the marriage.
If a spouse refuses to move if there are necessary life changes to be made, for example a new job, caring for a parent, etc. The only exception to this rule is if the living environment is unacceptable to the spouse unwilling to relocate.
The definition of real property is every piece of real estate you and your spouse own. This is your home, your beach house, your condo or interest in a real estate investment that includes both spouses names.
There are a few possible solutions to dividing real property in your divorce. One spouse can forfeit their entire interest in the property to the other spouse. Both spouses could agree to sell the property. Another option is allowing one spouse to remain in the property for a set amount of time until minor children are out of the home.
Lots of questions in a divorce arise about who gets tax credits if one spouse maintains a home alone, who pays interest payments, which spouse benefits for the real property in their divorce. An agreement will have to be made for your real property in your divorce.
In some cases one spouse wishes to buy out the other in a divorce for property. It would be a good idea for you to speak with your tax advisor before agreeing to a buy out. It’s important to know all the facts before signing anything away, whether you are compensated or not. It would also be a good idea for you to contact a few appraisers to determine what the fair market value of your property actually is before agreeing to anything.
Make the best decisions for you and your children in your divorce.