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
28Jul
Unfortunately, divorce is a common part of the American landscape. We all know at least one person who has lived through a bad divorce and who can easily recall the painful details. And despite conventional wisdom and enormous amounts of anecdotal information, many divorce myths are still around.
Divorce—fact versus fiction
- I can start dating now that the divorce is filed.
Filing for divorce is certainly a start to the process of dissolving your marriage. However, if your divorce is still pending you may want to hold off on entering the dating pool. Commencing a new relationship before your marriage is dissolved and the issues are ruled on by the court could affect the outcome of custody and visitation matters. Before embarking on a new romantic relationship, consult with your divorce lawyer about negative effects it could have on your divorce action.
- Aggressive divorce attorneys always get you a better settlement.
Although having a strong advocate in your divorce can serve to protect your rights and interests, it is no guarantee your settlement will include all or most of the assets. In Massachusetts, marital property distribution is based on a variety of criteria that have been carved out in a multitude of Massachusetts cases and the Massachusetts General Laws. Having a smart attorney who is dedicated to working hard for your best interests makes more of a difference.
- In a divorce, the mother always gets the children.
While that may have been true in the past, current trends are leaning toward joint physical custody and shared parenting arrangements. The court’s duty is to serve the best interests of your child, not yours. For your children’s sake, it is wise to take the same attitude as the court and truly consider what is in their best interest.
- If my spouse doesn’t pay child support, I can keep him/her from seeing the kids.
This is not true. Visitation and child support are two separate issues and you may not withhold court-ordered visitation rights as a means to receive child support without violating the court’s orders…
Get the real answers about divorce law in your state…
Tags: attorneys, divorce, divorce law, family law attorney, law, Massachusetts, Worcester
22Jul
Getting a divorce can feel a bit like Alice falling down the rabbit hole and landing in Wonderland. The legal jargon, complicated filing procedures, and emotional instability caused by a marriage breakup can be disorienting. You are subjected to an adversarial system where you do not know the rules. Just as you would not explore unknown territory without a knowledgeable and experienced guide, you should not engage in a do-it-yourself divorce if it involves any degree of complexity.
A good divorce lawyer can make a considerable difference in the outcome of your divorce.
Advantages of retaining a good lawyer include:
- Ability to deal with challenges specific to divorce
- Versatility to negotiate or take your case to trial
- Mediation or negotiated settlement that can save court costs
- An advocate to protect your rights and financial interests
- Efficiency in meeting the required court filing deadlines
- Direct contact for updates on case progress
- Accessibility to answer questions or discuss legal concerns
- Clear explanations to simplify the maze of legal rules and procedures
Important qualities to consider in a lawyer
Along with the necessary knowledge and legal skills, it is important to have a lawyer who has compassion for your situation and respects your objectives. With divorce being as prevalent as it is today, many couples want to end their marriage amicably, if possible.
Hard-won experience tempered with empathy is a quality that allows a lawyer flexibility in meeting your needs. A lawyer who cares about the best interests of your children, but stands firm against violations of your rights, can be invaluable in helping you achieve your objectives.
Even if your objective is to obtain results through aggressive litigation, you need to feel comfortable about explaining the facts of your divorce and feel confident that the divorce attorney understands what you want.
Finding a good fit may require several consultations with various lawyers before you find the divorce lawyer who is right for you.
Tags: divorce, family law, family lawyers, filing for divorce, good divorce attorney, good divorce lawyer
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