Posts Tagged ‘seperation’

Types of Divorce

March 14th, 2010

The term of divorce has been played around for quite some time now. Divorce is the legal process of terminating marital duties usually of the matrimonial contract. Legal duties and responsibilities for both husband and wife are considered null and void. A lot of countries will usually have a high intolerance for divorce, with first world countries only allowing it. Countries that do not approve divorce, will settle for annulment however.

Processes that will precede a legal divorce will include drawing an agreement of sorts within a lot of things. From spousal support to distribution of property, the division of debt, and for the children involved, child custody and child support. All of these are handled by court, with the decision usually affected by the reason of divorce. The favor for division of assets and debts will usually go to the injured party.

In a lot of areas, divorces must be certified by a court to become accepted. The conditions of living after that are determined by the court as well. Agreements made before or after marriage precedes court power though, so these conditions usually precede a court’s judgment. There are a lot of ways for both parties to handle the splitting.

For one there is mediation, in which a resolution to the dispute regarding the divorce is handled by both persons involved instead of just waiting hand on foot from the court’s decision. Though mediation requires the involvement of a third party, the decisions and agreements are done by both divorcees. The mediator is but a mental crutch to assist both of them in decision making.

Collaborative divorce, in other cases, is the voluntary agreement between both parties to separate without the forebodings of a litigation. It is a mutual separation decided upon by both parties. The collaboration is almost similar to a mediated agreement but without the mediator. Contracts are drawn with both parties, and the agreement is carried out faithfully up till the end of the divorce process.

To find out exactly how to get an idea how divorce works in Texas, visit this website about Texas divorce laws.


Which Divorce Type is Which

March 12th, 2010

There are different types of divorces that one would encounter. Though even if the types of divorces vary, there are only two causes that separate them. These are fault based and no-fault based divorces. Fault and no-fault divorces only differ as to why the divorce was requested. This also affects how properties and assets are divided and rewarded to the differing parties.

In a no-fault divorce system, the dissolution of the marriage contract does not require some sort of grounds for separation from both parties. The application can be made by one member or both as a joint application for divorce. At least forty nine of the states in the US have adopted the no-fault divorce system, same as with Canada and Germany. The common causes for a quiet divorce is incompatibility, irreconcilable differences and an intermediate breakdown on the course of marriage.

At fault divorces, however, will require substantial proof that one party was engaged in a destructive act of the sacred bond of marriage, such as extra-marital affairs, abuse and such. At fault divorces are common too, since the majority of cases usually involve a cheating husband. These types of divorces are both time consuming and tedious, not to mention stressful. It always ends up in court as to however has a bigger share of the assets

A summary divorce in the mean time, is a more delicate case. It’s like return and exchange, or a trial deal. Couples must fulfill a certain criteria to submit for summary divorce. The requirements are the marriage should be below 5 years, they should have no children, no real property invested on, the joint properties should be below 35,000 dollars in value, as well as both personal properties should be below the same amount stated earlier.

Uncontested divorce is a divorce case where both parties agree upon the separation as something of mutual benefits. This is usually the case where the rate reaches up to nine out of ten. All assets, all debts, properties and even child custody is divided and agreed upon by both of the divorcees, all without outside influence. Collaborative and mediated divorces belong to this category.

To find out exactly how to get an idea how divorce works in Texas, visit this website about Texas divorce laws.


Different Types of Alimony

March 11th, 2010

Generally, there are four different types of alimony that are rewarded to divorce parties depending upon the request of the party that is receiving it and the party paying for it. These are temporary alimony, permanent alimony, reimbursement alimony and rehabilitative alimony.

Temporary alimony is a reward given to the receiving spouse before or during the divorce process. It is both long and tedious, so the work of the worse one off is usually disrupted making it impossible for their daily normal routines. The better one off in the divorce party is usually required to support the recipient spouse until the divorce process is completed.

Rehabilitative alimony, on the other hand, is awarded to the receiving spouse for a period of time after the divorce. This happens when the spouse is home bound and doesn’t have a career, like a house wife or a house husband. The other partner is required to support the recipient for the cost of living and allowances such that until they get a job to be able to become financially independent.

Reimbursement alimony is support that is given to reimburse or to return all spent expenses the spouse had invested on the other. This includes life plans, educational, college, business etc. etc. Investments in other areas are included in the reimbursement alimony but while other types of alimony require time, reimbursement alimony is usually one time and ends once the whole sum has paid.

The last type of alimony is permanent alimony, also the most common one and where more people are familiar with. Permanent alimony requires the spouse to support the other until the death of the payer, the recipient or if the receiving party remarries such that the support of the alimony is no longer needed. Although there are loopholes concerning this issue, such as taking in a lover, or adopting a dependent which could not influence the eligibility of alimony.

To find out exactly how to get an idea how divorce works in Texas, visit this website about Texas divorce laws.


Alimony in Divorce

March 10th, 2010

Alimony is what you would call spousal support, or money given in support of an obligation to the estranged wife or husband. This obligation is based on the absolute order that even after marriage, both parties must support one another as stated by marital union or by civil law. Like child support, alimony extends through the years after the divorce.

Once a divorce is ratified, both parties may either seek the recourse of alimony towards each other. But do take note that alimony are not rights. It isn’t that for every divorce case that is resolved, alimony is suddenly asked for. Alimony is a privilege so to speak, but they aren’t requirements at all for a divorce case.

Unless both parties agree that alimony will be granted to the other party, the court will determine whether it can grant alimony to the offended party. However if one party is already receiving support from the other, this can be overturned. Usually prenuptial agreements, though cannot be removed, can be subjected to change but this goes on a case-by-case basis.

Child support is almost like alimony to the children that will be left behind. But it is not. True that the child will receive support even years beyond the event of the divorce but it is different from alimony. Alimony is treated as income to the receiving spouse and is deducted from their income. But child support is a world all on its own. Child support is not affected by taxes, and can take precedence over alimony.

There are a lot of factors that can affect the amount of alimony received. In Texas for example, payment for alimony are limited to marriages that have lasted ten years or longer and the payment period should not exceed three years since the start of payment, unless of course noted. Some states require twenty years of marriage, some lower than ten. Others allow the judge to decide. It really depends upon the case and the location.

To find out exactly how to learn more about divorce laws in Texas, visit this website about Texas divorce know-how.


Collaborative Agreement

March 6th, 2010

There are divorce cases where the feeling of separation is mutual and agreed upon. This type of separation is called mutual separation and usually the collaborative law is put into effect. The most important part of the collaborative separation is the Participation Agreement.

The agreement stipulates that the lawyers will do their best to try and resolve the case in a collaborative manner, and refrain from leading the divorce case into a litigation case. If this happens, the lawyers involved are required to disqualify themselves from the divorce case. This was made to insure that the lawyers that are associated with the case will only have the client’s best interest on hand. Bringing the matter to court is the last thing anyone wants right now.

That neither of the two parties will take advantage of any mistake the other party might make. This is to make sure that trust is still established amongst both parties on the matter that children will be involved. Also the fact that while under the process of collaboration, any short term mistake taken advantage of might lead to long term distrust. It is important that both parties exercise honesty and a fair sense of judgment.

Both parties are not to hide anything essential to the discussions. Lawyers and attorneys however, are not required to disclose anything personal or anything that is considered private and protected by law for their client’s best interest. This works in accordance with the second emphasis on trust. Trust within the party, between lawyer and client.

All experts part of the discussions will be a neutral third party. Most experts hired for the collaborative case should be impartial and obliged to release truthful results in terms of mental, financial and other aspects important to the divorce. And everyone should also work in courtesy and good faith. Always be reminded that this case was made to end a broken marriage in the most dignified manner and with closure for both parties.

To find out exactly how to go around working with divorce, visit this website about divorce and when to do it.