Divorce and Property

Divorce and property are two interlinked issues that often result in dispute between the partners. Assets distribution in divorce is a major aspect of a whole legal procedure. Many times, the partners divide their assets and liabilities through discussions and making a mutual agreement. But, if they do not succeed to agree over this matter, the court resolves the matter using its jurisdictional powers. The court may take various factors into consideration for a fair and satisfactory solution of this problem. Some of the matters are discussed below.

The Difference between Marital and Separate Property

Before opting for a division, it is important to know the assets that are considered under division and the ones excluded. According to the divorce laws, the assets and liabilities acquired during the period of marriage by both partners are regarded as marital property. It is the total assets that are actually distributed between partners. Any kind of assets earned before marriage by a particular spouse will be regarded as a separate earnings of that person. Individual or separate earnings are excluded while calculating the assets for distribution after divorce. But, it is to be noted that, the value of such individual earnings may be a matter of concern in an equatable distribution.

Types of Property Division in a Divorce

There are two types of methods for dividing the marital earnings. A state might consider either of the methods when considering the distribution of assets during a divorce procedure. Many states follow the principle of equitable division, while few of them make division on an equal basis. The details about these types are as follows.

Equal division of Property in Divorce

About nine states follow equal division priciple in their laws. The laws in these states mention that a marital assets should be divided equally between the partners, regardless of who the owner of such assets is. Also, the debts accrued during the marital period is also subject to equal distribution. Here, separate assets of the spouses are not considered while dividing the marital earnings. It is to be noted that such division means the equal amount should be owned by both partners, not the equal physical or real assets. The distribution is done on the 50-50 basis.

Equitable Division of Property in Divorce

Almost all states divide the marital earnings on this basis. This means that the assets and liabilities will be a matter of fair distribution, not necessarily equal. Many factors are taken into concern for calculation of such division. Some of these factors are:

• The duration of marital period
• The physical and mental conditions of both partners
• The separate savings of each spouse and value of such assets
• The obligations and liabilities of each spouse due to marriage
• The contribution of each spouse in acquiring current assets. And also, any fault in wasting or misusing them

In order to ascertain an equitable distribution, an evaluation is of supreme importance. The first and foremost step that an arbitrator or lawyer or administrator should take is to call the 'divorce property appraiser'.

The functions of this appraiser are as follows.

• Identification of each and every asset in the marital estate
• Determination who is the owner of all the identified assets
• Valuation that is applicable on the date of dissolution. This valuation must be relevant and acceptable by USPAP (Uniform Standards of Professional Appraisal Practice)
• Determination of the authenticity. This might be a replica
• If the Divorce Property Appraisal proceeds to a lawsuit, then providing expert testimony

Some of the highlights of this appraisal are as follows.

• An accredited appraiser can conduct an objective certified appraisal. Both the partners would be benefited by this process as the duration of lawsuit, expenses of lawyers and the appraisal cost would be minimized
• If a mutual divorce assets appraisal takes place, the proceedings are very simple and can be completed in a short duration
• The valuation of the assets can be done in such a manner that both partners accede to it. Moreover, it can be made irrefutable as on the date of dissolution
• Let us assume that one partner has selected an appraiser and the other spouse does not accept him/her i.e. the appraiser. Then, the partner's appraisal would be defended during the lawsuit by an 'expert appraisal witness'

An appraisal comprises of the following.

• Real property i.e. the residence
• Personal earnings, inclusive of the following
  • Retirement plans
  • Pensions
  • Gems
  • Bullion
  • Coins
  • Inventory
  • Trademarks
  • Logos
  • Computers
  • Equipment
  • Machinery
  • Furniture
  • Collectables
  • Rugs
  • Antiques
  • Guns
  • Art
  • Jewelry
  • Vehicles
  • Any business
  • Other movable assets

     

Post Divorce

A divorce is a painful siltation in the life of spouses, where they have to break their marriage forever. Often, many couples experience financial and mental problems that can affect their future life in a very bad manner. Though a divorce is an uncontested one, the spouses would still face some mental disturbances while getting adjusted to the new conditions in their lives. Therefore it is necessary to know the ways to handle these complications.

Divorce brings many negative feelings like insecurity, loss and forceful changes in personal life. But, a person should take separation from the partner in a positive way. Some things that are essential to gain a positive outlook towards life are as follows:

• One should speculate regarding the type of life a person would like to experience after divorce. They should begin practicing these things right away. This would enable that person to adjust into that lifestyle in the future.
• It is essential to draft a monthly budget and gain understanding about one's liabilities and assets.
• Each divorced parent must put their children's interest as first priority. If the children are involved in the procedure, they must be handled carefully by both the spouses. It is necessary to keep them out of the conflicts between partners.
• The divorced couples should try to recognize their emotions. It is better to express these feelings, than hiding them from others. Releasing bad things out of the mind will help in creating a fresh attitude towards life.
• It is necessary to be ready for the 'friend dynamics.' This term does not imply how you react to your friends, but how the friends react to the divorce.
• Instead of grieving about the past, one should try to forget the incidences of your married life. Forgiving oneself and the others who are involved, helps to get out of the traumatic conditions.
• It is advised to have at least formal contact with the ex-spouse. It will help in many ways to manage financial and social things in your life.
• If the in-laws and other family members are interested in continuing their relationship even after a separation, a person should give a try to preserve these relations. That will assist in making your life normal.

It is seen that many spouses suffer from financial losses after a divorce. A proper planning regarding management of all available assets and debts is the way to handle the monitory tensions. About the financial life, the following precepts can be taken:

• Re-evaluation of all retirement and insurance plans. One may desire to alter the beneficiary on all the policies.
• In case of shared debts, your name should not continue on the ex-spouse's credit record. So, it is necessary to close this account and transfer the balance to separate accounts.
• Adjustment of mortgage: During this step, one may find that the lender recommends to refinance the loan in the name of the individual, who is allotted the residence.
• Protection of credit report: Ensure that late payments are avoided.
• The divorced person must create an emergency fund for cash. It is advisable to take out a HELOC (Home Equity Line of Credit). This is identical to a second mortgage and has the functionality of a credit card.

When a person embarks on a new life, they should remember that this is not an ending but the start of an amazing phase. It is recommended to keep the following things in mind:

• Join a club of the members who are from similar background.
• Make it a point to spend some time with the children.
• Avoid thinking too much of the circumstances.
• Have a kind outlook towards self.
• Be conscious of rebound relationships.
• Accelerate your social life.
• Ascertain that you do not commit the same mistakes again.
• Ensure that there is no bitterness in your talk or behavior.

Thus, here are some practical points that can help the spouses in post divorce troubles. Not many of the couples are able to come out in a positive way. Most suffer because of poor support and negative attitude. There are many sources of professional help that are available in society. Apart from these self-help centers, the spouses should take a note that the attachment with the friends and family will do wonders for them. Therefore, instead of getting into lonely environment, one should try to open up in every possible way post divorce.

Divorce Order

 Today every society in the world faces certain issues like poverty, unemployment, illiteracy, crimes, etc. These issues blemish the glory of human civilization. Divorce is a serious social issue that leads to the breaking of a happy family. In this fast-paced world, every human being is running to achieve his/ her self-satisfying goals and in this pursuit he/ she do not think of disregarding the interests of the family. Love ends, doubts appear, conflicts begin and ultimately the relationship breaks. When a married relationship breaks, it gives rise to a lot of problems. To eradicate these problems and provide justice to spouses, divorce laws and regulations are formed. Couples take their personal matters to the court and the court issues divorce orders once it is proved that the marriage cannot be saved at any cost.

How a court grants a divorce order?When a couple files for a divorce case, he/she need to follow certain procedures. The case may be a contested or an uncontested one, but you have to complete all the needed paperwork and submit the legal documents to the court. You have to provide proof for the grounds for divorce. The court will consider all issues like child custody and support, visitation rights, alimony, property distribution and make decisions that will benefit both the parties and their children, if any. The divorce is accepted and the orders are issued when both the parties agree to the divorce and also when the court considers that their marriage should be broken for the benefit of both.

A divorce is confirmed when the judge signs the decree. The final decree of divorce is kept in the important office records of the courthouse, where the case has been fought and a copy of the same is mailed to the spouses.

Violation of the divorce orders:Sometimes it is found that some individuals might not follow the court orders. The court is empowered to enforce the divorce orders via contempt. Incarceration of such a person is the most extreme step a court can take.

Initially, the court tries out some less drastic steps than imprisonment to test whether the person is amending his/ her behavior and executing the divorce orders. The concept of 'Contempt of court' has been detailed below.

When an obligated spouse intentionally disobeys the divorce orders despite having the capacity or ability to comply with it, this action is termed as 'contempt of court.' When the court detects such contempt, the court has the freedom to incarcerate this spouse till he/ she complies with the order. Contempt of court has very harsh repercussions. The court looks at it as a last resort to compel a spouse to obey divorce orders. The Family Court Judge hears motions for contempt. Some examples of contempt of court are as follows-

• Let us assume that a custodial parent denies the non-custodial parent his/her visitation rights. In response, the non custodial parent ceases to disburse child support. Both these actions are treated by the court as 'contempt'
• Another example is that a non-custodial parent refuses to disburse child support. In response, the custodial parent does not permit contact between the child and the non custodial parent. These actions are also treated as 'contempt'
• When one divorced spouse detects that the ex-spouse is not complying with the divorce orders, he/she can file a petition or motion to enforce the divorce orders. This petition or motion has certain features which are described here-
  • It consists of the following information-
  • The date of the divorce order that this spouse wants enforced
  • The details of this divorce order
  • What section of this order is not being observed by the other spouse
  • A statement that the other spouse must pay the costs of filing the petition or motion to enforce the preparation of the hearing and attending the hearing
• The petition to enforce must be accompanied by an affidavit (sworn statement) of the complaining spouse. This affidavit must describe how the divorce order is being violated. The complaining spouse must sign the motion in the presence of a notary public. The complaining spouse must serve the other spouse with the petition or motion to enforce the affidavit and relevant paperwork

The aim of any court order is to enforce a person doing or refraining from doing certain things for the betterment of himself or herself. Divorce orders, are issued so that the spouses can separate legally and follow all the do's and don'ts as mentioned in the orders. You might not like certain orders issued by the court and so work in such a way that will give happiness to you. But remember this happiness will surely be short-lived, because you will be gradually stepping towards a dark future where you cannot make any attempt to go back and sort out past things.

Divorce Adultery

Divorce is not a rare occurrence in the United States, with more than fifty percent of marriages coming to an end. According to statistics, almost 30% to 60% of married individuals are involved in infidelity at some point of their marriage. Such condition ultimately results in a large number of divorce filing cases, if discovered and proved. Every type of divorce is granted on the basis of valid grounds specified by the divorcing parties. Adultery is one popular ground known on the basis of which various cases are filed as per the past records of divorce in many states of the US.

A divorce adultery ground is only valid in the case where one married spouse is found to be cheating his/her partner by having extra marital affair with any third person and likewise. However, the complaining spouse needs to come up with valid evidences to show the adultery condition. In the recent past, some courts have extended the meaning of adultery to include any personal, intimate sexual relationship with a third party. After this extension was made, the sex, marital status and specific sexual acts of the third party became insignificant. As per the above reasoning, homosexual relations by married individuals were also considered adulterous.

Understanding the Hints of Adulterous Actions

An innocent spouse can easily get some hint that his or her spouse is committing adultery, when the following traditional signs are visible:

• Sudden and unexplained alterations in the appearance and behavior of the spouse
• Unexplained and excessive expenditures performed by the adulterous partner
• The sex life of the married spouses is marked by a certain coldness
• The adulterous spouse has long durations of unaccounted time and he or she uses irrelevant excuses to explain those
• Some of your friends might give you some hints and these were disregarded by you in the recent past

Proving Divorce Adultery

A majority of the states in the US do not consider adultery as an illegal act or a crime. However, it is acceptable as a viable ground for divorce. Some states where no-fault divorces are easily granted have not made it necessary for the innocent partner to furnish evidence of adultery for obtaining a divorce.

In some states, it is essential to prove fault in an adultery case. In cases where both the partners admit that one of them has committed adultery, this is not sufficient. There must be independent evidence that should clearly reflect that the accused partner has committed adultery. For this, extensive investigations are essential. Some of the forms of evidence include:

• Any eye-witness or photographs
• Love letters or voice mails
• E-mails
• Internet chat history
• Hotel or travel records
• Gift bills

Some innocent spouses hire private investigators to gather proof regarding their partner's adultery. These professionals greatly contribute to collect all relevant evidences in the form of photographs, projecting all intimate moments shared by the adulterous partner and the third individual. The maximum probability is that the investigator may be able to collect photos of the couple hugging, dancing or perhaps kissing in restaurants and bars. Another occasion is when they are entering or leaving an apartment or hotel room.

Adultery and Divorce Support

Adultery may have an immediate effect on the amount of support payments in the forms of child support, alimony support or property division. In most of the cases, the accused may have to give greater amount of alimony or major portion of marital property. Adultery is one major factor that can actually put its impact on decision regarding child custody and support matters. Many states also consider the extent of adultery and the best interest of the child while taking the final decisions related to the child.

Essential Points to be Remembered

You must be aware of some major requirements before filing a divorce case in the court. Some major points are:

• It is essential that you must go through all laws and rights of divorce that are specifically implemented in your state.
• You must consult to an experienced attorney to have a relevant guidelines about each court proceeding followed as per your divorce case.
• You should ensure that all information and details should be transparent with your attorney to avoid any confusion or complication in further stages of the process.
• All evidences should be collected in a fair and legal manner.

A divorce involving a cheating spouse is an emotional and devastating experience. Once the spouse comes to know about the betrayal behavior of the partner, the situation leads to intense arguing, fighting and an emotional trauma. In most of the cases, it must be independently proven and requires a lot of investigation. The spouse who has been accused of adultery also may contest the grounds for divorce. The legal issues surrounding adultery and divorce are different depending on the state with jurisdiction over the divorce case. 

Divorce Petition

The divorce process is initiated when a document known as the "Original Petition for Divorce" is filed with the local court clerk. This document is also called as a "Letter of Complaint" in some states and only after this letter is issued, divorce is possible. The intention of filing a divorce petition is that the petitioner requests the court to grant the divorce and grant any relief that the petitioner feels is due to him/her. This document includes all the information regarding the problems the person is facing, the terms and conditions on which the divorce would be taken and information of the financial standing of the spouses.

This document comprises of the following basic information:

• Identification of the parties and children, if they have any
• The reason for divorce (in several states, this reason is "incompatibility" or "irreconcilable differences")

The partner who files the divorce appeal is termed as the "petitioner", whereas the other spouse is termed as the "respondent" or "defendant."

After submitting the plea with the court clerk, the next step is to serve it to the respondent. The respondent is offered 30 days to file a response to the appeal from the date of service. During these 30 days, either partner may request for protective orders, restraining orders or temporary orders related to alimony and child support.

The usual information that is present in a divorce petition is as follows:

• Сourt name
• Case name
• Case number
• Name, date of birth, email address, residence address, mailing address, telephone number of work and home of the petitioner as well as the respondent
• City and state where the marriage took place
• Date of marriage
• Names and dates of birth of children born in the marriage
• Is the wife pregnant as per the knowledge of the parties?
• Does the husband or wife own real estate individually?
• Do the parties own real estate jointly?
• The cause of divorce
• Number of Children

Parental rights and responsibilities: The duties that the parents have to fulfill.

Custody: Child custody is given to the person who best deserves it and can take care of the child in the best way possible. The final decision is in

the best interest of the child.

Legitimization

Paternity

Domestic relations

Domestic violence

Juvenile

Adoption

• Does the petitioner wish temporary court orders regarding any of the following:

Use of family home

Alimony

Use of personal property and payment of debt

Parenting plan

Child support

• The petitioner demands final orders for the following:

Alimony

Child support obligations for any minor children

A parenting plan that describes the parental rights and responsibilities of the partners related to minor children

Any other relief

This is followed by the signatures of the petitioner and petitioner's attorney. The name, address and phone number of attorney are also written. Lastly, the signature of the Notaries officer is provided. After completing all these things, the partner can send the petition to the other partner on his house address. Later on, the other party responds back to the petition sent to him. This can be a yes to the terms and conditions or a no. if the decision is not acceptable; a counter petition is filed against the petition making the case a contested one.

Divorce Counseling

Nowadays, when one gets news regarding any breakup of marriage; it seems like a common occurrence. However, the emotional experience is quite traumatic. Therefore, many people find it difficult to handle. Divorce counseling is a chance for such people to manage their emotions and practical matters after a dissolution of marriage.

What is Divorce Counseling?

Till date, no training manual has been developed that precisely states how to deal with the loss of a married spouse, and how to develop the skills that are mandatory to deal with life as a single person. But, there is a set of techniques that can help a spouse to go smoothly through a court procedure. Such type of assistance includes such tact and techniques to assist the person to overcome the negative feelings during termination of marital relationship. It is psychological therapy that is designed on the basis of some behavioral theories and principles.

The Requirement of Divorce counseling

If the spouses are going for a mutual separation, the degree of mental problems and intensity of the problems may be less. But, a contested case or unsolvable conflicts lead to bitterness and anger. So, the spouses going through such procedures are in need of divorce counseling.

It is very essential to know that you require some guidance during this period. You can ask yourself following question to recognize whether you should opt for a help regarding your case or not -

• Are you afflicted with a feeling of worthlessness?
• Do you believe you fail to let go the negative feelings in your mind?
• Is this your first experience in life to be on your own and you are completely unaware of where to begin?
• Do you wonder whether you would be really happy again in life?
• Are pessimistic about having some other person in your life?
• Does the uncertainty of the future paralyze you?
• Do you suffer through the problems like depression or frustration?
• Did you feel frightened of the circumstances recently?
• Do you feel lonely and helpless when you are dealing with routinely matters?

If you find yourself involved in any of the above, then the solution is to undergo divorce counseling. Fortunately, in the United States the counselors offer services over the telephone. This enables therapeutic advantages of an in-office appointment without the discomfort of travel and other inconveniences. Both individual and group discussions are possible in this manner.

The objective of divorce counseling is to provide assistance to overcome the anguish of loss as economically and quickly as possible. Some other advantages are as follows -

• It assists the spouse to identify the true reactions and express them in a right manner.
• It helps the divorcing partner to develop a strong and positive mindset towards the whole procedure and the life after that.
• It prepares the person for the upcoming challenges in professional and personal life. Also, it creates a sense of responsibility towards children and their needs.
• It teaches to use the psychologically proved techniques to manage the negative emotions and inbuilt a positive attitude.
• It opens up the individual and helps him/her to deal with all types of situations.
• It incorporates some essential values like self-support, self-dependence and confidence in an individual.
• It helps you to maintain dignity and respect in relationships. Some people may run from the possibility of involvement in new relations because of previous bitter experiences. In this case, emotional assistance helps them to believe in the new relations.
• Divorce counseling teaches the parents of minor children to handle their kids in a correct way. It helps them to understand the mental conditions of the children after divorce. Thus, they can provide support and care to their children whenever there is a need.

How to Choose a Counselor?

While selecting a counselor for yourself, you can check the following things -

• A counselor should have an authorized permission to handle the clients and to provide assistance.
• You should feel comfortable and secure while dealing with a counselor. It is important to check the client base of him/her to have an idea about the working style.
• A person who is providing guidance must have relevant and authentic knowledge about the subject. This individual plays an important part in your case. So, check whether you can rely on him for the most confidential matters.

These are some guidelines about divorce counseling and its various aspects. After going through this process, a person is able to rejuvenate and face the personal problems efficiently.

Contested Divorce

Divorce can be an excruciating process as the partners have to end their relationship and move ahead in life. It is not easy to part ways from the person you loved at one point of time and ending the relationship because of mere misunderstandings is not the right thing to be done but sometimes the problems are so many in a relationship that parting ways in the only solution to get rid of a painful relationship. Contested divorce is the form of divorce in which the ex-partners fight with each other in the court in order to get things sorted out. Proper division of things is done so that no problem occurs in the future. A lawyer is hired so that he can counsel them both and find a convenient solution for them.

Some of the issues that are contested in a divorce proceeding of a contested divorce are as follows.

• Custody of children
• Child support
• Whether alimony should be paid and how much?
• Who should you repay the debts?
• The distribution of the acquired assets

All these conflicting issues increase the time and money needed for the divorce. The more the number of issues that are in dispute, the more complicated the divorce becomes and the duration of the divorce increases. When any person embarks on a contested divorce, he/she must be ready for an exhaustive financial and emotional drain.

It is acknowledged that a contested divorce has begun when the below mentioned procedure is complete.

• One of the spouses files a petition for divorce as this is the first step of taking divorce.
• This petitioner serves the other spouse with the divorce papers via a third party or a sheriff or by mail.
• The service of the divorce papers implies that the divorce can be contested or the various issues in the divorce can be contested.

The spouse who gets the serving of the divorce papers is called as the Respondent or Defendant. Generally, this respondent is given a time period of 30 days from the date of service to provide a response to the divorce papers. In the given time the partner has to respond back stating his agreement or disagreement regarding the case.

In any divorce case, the spouses seeking divorce have an opportunity to talk with each other and settle the terms of the divorce amicably. If they fail to do so, they have to approach the court. This now becomes a contested divorce case. The judge decides how the various issues must be addressed. The future of these spouses is completely in the control of the legal system.

Lawyers play an important role in this sort of divorce. They are actively involved in a process called as Discovery. This comprises of demanding financial records, tax returns and bank statements of the other spouse. The lawyers also interview the client's friends, coworkers and if essential, the children and their teachers and coaches. An attorney should be kept in loop before taking any major decision as they have the complete knowledge about the laws prevailing in the state.

Those couples who decide to attend a trial need to wait for even 12 months to obtain a trial date. When this date approaches, the lawyer makes the essential plan for testimony of the client. In a highly contested case, it is recommended not to represent self, but to avail the services of a lawyer.