25Jan
Divorce is a subject that seems very familiar. It is such a common plot device for TV shows that many people believe they know a great deal about the subject. In fact, all too many people have misconceptions about divorce. Such misconceptions can lead to a spouse giving up rights or unnecessarily modifying settlements. An Austin divorce law firm can advise on your individual case and help you to avoid these pitfalls.
Misconceptions regarding divorce
Below are some common myths that your Austin divorce lawyer can help dispel for you:
Misconception #1: The mother always gets custody of the children.
Unless there are extenuating circumstances such as domestic abuse, Texas courts appoint both parents as Joint Managing Conservators. The idea is that it is always in the best interest of the children to have both parents. Courts usually implement the Texas Standard Possession Order, which establishes periods when each parent has a right to custody and access to a child.
Misconception #2: The court will require me to pay alimony.
Alimony is not always a given in divorce settlements. In Texas, there are two main types of alimony―contractual and court-ordered maintenance alimony. Contractual alimony is usually an amount that is decided on by both parties as part of the divorce settlement. A court cannot arbitrarily assign contractual alimony.
Court-ordered maintenance can be issued by a judge if there is a large gap between the incomes of two spouses. This is usually ordered so that the spouse with the lesser income can continue to maintain a lifestyle close to what existed before the divorce. These court orders cannot last more than three years and cannot be more than $2,500 or the 20 percent of the monthly income of the person paying alimony.
Misconception #3: My spouse will automatically get half my premarital property.
Contrary to popular belief, a court cannot simply divest one spouse of separate property acquired before the marriage or purchased on his or her own. However, a court can award the opposing spouse compensation on a property if that spouse contributed to raising the value of the property. For example, if your spouse put in monies for home improvements on a property in your name, he or she is entitled to receive compensation for those monies.
Tags: Austin divorce lawyer
24Nov
Whether you are merely considering divorce or have made a firm decision, meeting with a divorce attorney can provide answers to legal questions. You need to understand fully the repercussions of divorce—how it affects a change in your lifestyle, your children’s upbringing, and your financial situation.
There may even be changes you need to make prior to filing for divorce, such as setting up separate bank and credit card accounts, obtaining your own health insurance policy, and securing valuables in a safe place. You should not move out of your house or apartment if you plan to seek child custody. These and other aspects of your life that can affect the outcome of divorce are things to discuss with your Orange Park divorce lawyer.
The more relevant information you provide, the better picture your divorce attorney has of your divorce issues overall. Information you should bring when meeting your divorce attorney includes:
- Tax returns, other tax documents (W2, 1099), and any IRS correspondence
- Pay stubs or income statements
- List of assets
- List of liabilities
- Loan applications
- Mortgage agreement
- Bank notes
- Property deeds
- Car registrations and titles
- Balance statements for bank accounts
- Investment statements for stocks, bonds, etc.
- Stock certificates
- Credit card statements
- Current budget of living expenses
- Retirement account statements for 401K, pension, IRA, etc.
- Insurance certificates, policies, and identification cards for policies
- Any existing court orders
- Trust documentation
- Wills
- Copies of a prenuptial agreement or marital agreement
Make the most of your initial consultation
You should also be prepared to discuss your objectives with your lawyer—desired outcomes for custody arrangements, property division, child support, and spousal support. The initial consultation is designed to exchange information and answer your questions. Any explanations you need about legal procedures, ways to approach your divorce, or what to expect should be covered. This is your chance to discover whether your working relationship with the divorce lawyer suits your purposes and can effectively resolve the issues you face with divorce. It is always to your advantage when Orange Park divorce attorneys can advise an approach and strategy based on the facts.
Tags: attorney, attorneys, divorce, divorce law, good divorce lawyer, law, law firm, lawsuit, lawyer, lawyers, Legal Atmosphere
10Nov
Divorce can be messy, and going into it without a general idea of your options or what must be done in accordance with the law, can turn a mess into a disaster. Divorce laws vary by state, and for this article we locate ourselves in Roanoke, Virginia, using Virginia laws and guidelines for divorce, which are similar throughout most of the United States. Here are some basic tips and information everyone should know about divorce.
Absolute and limited divorce
In Virginia, there are two types of divorce: absolute and limited. An absolute divorce means that the divorce is permanent, allows remarriage, and terminates property claims. When the court grants a limited divorce, it means that the divorce is not permanent, does not allow remarriage, and does not terminate property claims (but the limited divorce may settle these claims). A limited divorce only legalizes the separation and provides for support. It can be merged into an absolute divorce after the required separation period.
You do not need a legal separation in order to get a divorce. However, to secure a contested or uncontested divorce, certain conditions must be met. For example, either your spouse or you must be a resident of Virginia or a member of any armed force stationed in Virginia for six months to meet the residency requirement to file for divorce. For more specific information or advice about your situation, contact a Roanoke family law attorney.
Uncontested divorce
For an uncontested divorce, either spouse can file stating that the two parties have been separated, i.e., living separate and apart without cohabitation, for at least one year. If there are no minor children and the parties have entered into a written separation agreement, they can get a divorce after being separated for only six months.
Contested divorce
For a contested divorce, if the spouses have been separated less than one year and are not in agreement that a divorce should occur, the spouse seeking divorce must prove one of the following grounds for divorce:
- Adultery, including homosexual acts
- Subsequent to the marriage, conviction of a felony and imprisonment for over one year
- Cruelty, causing a reasonable apprehension of bodily harm
- Willful desertion or abandonment
For more information about Virginia divorce laws, visit this resource where you can also review other state laws, if you are located elsewhere.
Tags: attorney, attorneys, divorce, divorce law, family law, family law attorney, family lawyers, filing for divorce, good divorce lawyer, law, law firm, lawyer, lawyers, Legal Atmosphere
08Oct
Uncontested Divorce
Under normal conditions, most spouses choose to proceed with an uncontested divorce. It’s relatively inexpensive and extremely easy as it offers you and your spouse the opportunity to end your marriage quietly and with dignity. Although not right for everyone, it does prove to be the most useful form of divorce when it comes down to determining the split of assets.
The Benefits of Uncontested Divorces
First and foremost, the most important aspect in determining whether or not to proceed with a divorce is the cost. Uncontested divorce is almost always the least expensive way of becoming divorced. Think about it this way. The less money you can spend on splitting up means there is more money to live on after the divorce or spend on your kids.
The cost is only one benefit in choosing an uncontested divorce. The amount of conflict between both partners helps determine whether an uncontested divorce is right for you. The agreements that can be reached between both partners must be filed with the court which means it will be a matter of public record, however, the disclosures you make to each other don’t have to be. The numerous proposals both partners discuss as the negotiation process takes place, also, do not have to be available through public records. With uncontested divorce, you are almost always guaranteed privacy throughout the entire divorce proceeding.
The Cons of an Uncontested Divorce
When there is rampant domestic violence occuring between both partners, negotiations are unlikely to progress on a level playing field. The victim in that case needs an advocate to negotiate for them which can not be done under the context of an uncontested divorce.
If either spouse is unreasonable or chooses not to negotiate with you directly, than that can lead to further problems throughout the negotiation process. In that case, both partners may choose to hire divorce lawyers rendering and uncontested divorce useless.
Plan of Action
Talk to your spouse before you decide to file any legal proceedings regarding a divorce. Either partner may not know the laws surrounding divorce, but both parties can begin the process by determining each others needs if the divorce were to go through. Some simple examples require an agreement on child support if you both have children and a split of financial assets, such as real estate, are all important items to review when proceeding through a divorce.
Tags: divorce, divorce lawyers, uncontested divorce
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