Property Division During A Divorce
Property Division during a Divorce
No one stands at the alter with any intention other than being with their significant other for the rest of their life. Unfortunately, about half of all marriages end in divorce, so this dream obviously doesn’t come true for a large number of people. Going through a divorce is undoubtedly difficult, but dividing the marital assets when a relationship is coming to an end can make the whole process even more trying. This is why anyone facing a divorce should understand at least the basics of property division.
Property Division Laws
Just like most laws in America, property division laws will vary dependent upon which state a divorce takes place in. Unfortunately, there are difficulties involved regardless of which state a person lives in. Each state in America is either an equitable distribution or a community property state. States that practice equitable distribution will consider all factors in a divorce and divide property accordingly. Factors can include tax liabilities, emotional value of property and even the need of each spouse; and this is all considered in an effort to make a more equitable division.
In community property states, however, assets are merely divided right down the middle. This may seem ideal, but it actually presents a few problems. A divorce that takes place in San Bernardino, CA, for instance, a city that falls under community property laws, may end with one person receiving $4,000 in bonds while the other receives $4,000 in taxable assets. Sadly, though this may seem equal, it is not due to the fact that one spouse will have to pay taxes on their property while the other may not. Retaining a San Bernardino lawyer who practices divorce law would be necessary to help lookout for their clients best interests in such a case.
Preparing for the Divorce
There are various things that a person can do prior to a divorce if they hope to protect their rights during property division. The first thing to do is to gather all of the family’s financial statements. This includes statements related to bank accounts, stock portfolios, retirement accounts and even lines of credit. Joint accounts should be closed and at least one individual account should be opened. It’s also a good idea to remove half of monetary assets from joint accounts to put into that individual account.
It’s also imperative to separate certain gifts or heirlooms from the whole situation. Personal items that were given as individual gifts, rather than marital property, aren’t usually subject to division. An individual should take photos of these items before removing them from the marital home to ensure protection.
Speeding up the Process
There are thankfully a few methods of speeding up the whole property division process. In the aforementioned community property states, for instance, it can be helpful to have a civilized conversation with a soon-to-be-former spouse about who wants which pieces of property and how to divide them equally. Unfortunately, divorces are not often this civil; so hiring an experienced divorce lawyer is usually ideal.
A divorce attorney will be able to look at a couple’s assets and decide a fair way to distribute the property. Additionally, they can ensure that their client’s rights aren’t trampled on if the other spouse is trying to make the divorce more difficult than necessary. When every aspect of a divorce is considered, having legal help will definitely speed along the process.
Divorce is never going to be an easy process, but luckily, there are ways that a person can at least make it a bit easier on themselves. It’s important to remember during these times to not get discouraged. Going through a divorce may leave a person depressed and uncaring about which property they walk away with, but there’s little doubt that this feeling will eventually subside. Sadly, many people get over this feeling with the realization that they’ve lost everything in the divorce, so the best move a person can often make is to hire an attorney if they hope to protect their rights.
Lisa Coleman shares the impact divorce laws can have on property division in some states. She recently read online how a San Bernardino lawyer firm can help in such a case.
Photo Credit: http://www.flickr.com/photos/60588258@N00/3293465641/
Tags: Divorce, divorce attorney, Property
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Coping with Divorce During the Holidays
Coping with Divorce During the Holidays
The holiday season is a time when families gather and celebrate the love and affection they have for each other. However, this time of year can be particularly difficult when you are going through a divorce. Despite all of the stress and hostility that may accompany your pending divorce, this time of year may leave you longing for the familiar holiday experiences you and your children shared with your soon-to-be former spouse.
While it may be impractical for you and your children to share the holiday season with your spouse together as a family, you can still make the holidays memorable, fun, and free from stress when you keep these suggestions into mind.
Put Aside Your Emotions for the Time Being
If you and your spouse parted on hostile terms, it can be very difficult for you to keep your emotions in check during the holidays. You may resent the changes that you and your children must endure and you might be tempted to take out your hostility on your spouse by trying to keep the kids from him or her during the holiday break. However, for your children’s sake, it is important that you put aside your emotions and resentment for the few days of the holiday season.
The divorce surely is difficult on them as well, and they may feel guilty about having to spend time with your soon-to-be former spouse during the break. Rather than make this change any harder on them, you should encourage them to have fun with your spouse and assure them that you want them to be happy during the holiday season. As the blog of one family law attorney DG Tucson states, “Divorce doesn’t have to be hard” and it is important to have a “shared interest in the welfare of the children’.
Try to Maintain Traditions
Even with your spouse’s absence from the family, you can still maintain some or all of your family’s holiday traditions. If your children are accustomed to leaving out treats for Santa Claus and waking up to special presents from St. Nick, you can still keep this tradition without having to eliminate it because your spouse is no longer in the house.
Likewise, if your family enjoys going to Christmas Eve services at church, you can still make that outing with your children. Having familiar holiday routines incorporated into your new life as a single parent can help you and your children relax and enjoy the holiday season.
Establish New Family Traditions
As you prepare for your life as a single parent, you can embrace this change by establishing new traditions for you and your children during the holiday season. Introducing these new traditions can give you and your children something to look forward to during the Christmas and New Year’s break and help you form new and meaningful memories that you can look back on in the future.
The new traditions can be whimsical and fun or they can be somber and spiritual. If you are unsure of what traditions to introduce, you could take advice from your children and make this effort one that is cooperative and meaningful.
Going through a divorce during the holidays can be stressful. You and your children can get past the stress and worry by taking these steps and by resolving to make the best of your new life together.
A mother of four, writer Melanie Fleury cannot begin to think how heartbreaking a divorce would be to her family. She has seen many of her friends become emotionally and financially devastated after a divorce. She used the website of family law attorney DG Tucson to learn more about divorce and the laws pertaining to it.
Photo Credit: http://www.flickr.com/photos/photographybycolby/9482989251/
Tags: Divorce, family, holidays
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Mens Survival Guide To Divorce: Moving Out And Moving On
Divorce is a huge life-changing decision. Couples might discover that there are a lot of things they need to sort out than most of them are prepared to cope with. This includes alimony and child custody; however, one of the most confusing is the decision whether to move out of the house. If you are going through a divorce, you need to keep in mind that what you decide at the beginning will have an adverse effect on your divorce process and can be life-changing for you and your children.
In addition, you also need to consider the good things that might come with the divorce. For one, it can be an opportunity for both you and your ex-spouse to explore yourselves. Although it is hard, you will eventually learn how to deal with being on your own. If you need to move out of the house, you need to realize that there is a whole different world and opportunities out there for you.
Moving Out Of The Family Home
If you are the one who is moving out of the house, it is time to look for a new living space. The first thing you need to do is look for an ideal space in a good neighborhood. You will need to look for a place where you can have easy access to coffee shops, restaurants, grocery store, and so on. The next on your list should be packing up and moving out. Here are a few tips.
Move Out As Soon As Possible: It is best to get it over with as soon as you can. Sort out the things you want to bring with you, the things you want to throw away, and the things you should keep in storage. If you are still in the process of finding a new place, you can always put your things in storage. Self storage units are very safe and secured; thus, you don’t have to worry about your stuff while you deal with the divorce process and finding a new place.
Avoid Confrontation: It is best to avoid getting into an argument with your ex-spouse. You can avoid nasty confrontations by choosing to pick up your belongings at the time when your ex is not at home. The less contact you have with your ex will be better at this time.
Bring Back-Up: If your ex-spouse insists on being present as you pack up, it is best to bring someone with you. You can bring a friend or a relative to your house and have them help you pack. This way, you won’t have to deal with your ex so much and you are most likely able to avoid arguments when a witness is around.
Lastly, you will need to look for a place where you can heal and move on. Keep in mind that when you go through divorce, your routine as well as your lifestyle will change drastically; thus, you need to rebuild a new life. As a tip, it is best to get a studio apartment and fill it with things that won’t remind you of your past relationship. A studio apartment is also much more cost-effective for the time being, especially if you still can’t afford to buy a new residential building.
What Becomes Of The Family Home
If your ex-spouse decides to stay in the house and continue to pay the mortgage, she will have credit for the principal payment if she decides to sell the house. As the spouse who moved out and rented, you will still get credit for half of the payment of the sale.
You must also acknowledge that when you move out of the family home, your monthly bills will increase. In addition, you will find yourself in a powerless situation in relation to what occurs in the family home and any belongings you left there. To that end, there are available options which you and your ex-spouse can consider, such as refinancing, selling, or renting.
The author, Kris Lim, is a family counselor who offers divorce tips. She suggests renting a self storage from US Storage Centers if her readers need a secure place to store their items.
Photo Credit:
Image courtesy of David Castillo Dominici/ FreeDigitalPhotos.net
Tags: Divorce, Guide, Mens, Moving, Out, Survival
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5 Mistakes To Avoid During A Divorce
Is divorce the best option? Are you strong and confident enough to handle the process of divorce especially when there are children involved? Getting a divorce is a very tough decision to make and sometimes you just wish that someone could advise you what to do. Whether you like it or not the only person who can decide to push through with a divorce or not is you. Perhaps, you have gone through a hundred divorce articles and internet forums hoping to find the right way to handle the situation, but nothing seems right to you. The following are 5 common mistakes to avoid when you are in the process of getting a divorce.
1. Taking Action Without Any Planning
Just as there are various ways to improve your chances of success in divorce, there are also various ways you can damage them. When you are still hurting over the events that led to your filing for a divorce or your spouse asking for a divorce, reckless decisions can be made. Divorce is a very serious matter which is life altering especially for your children, so planning all your moves is a necessity. Before you decide to do anything, always consult with your lawyer, a custody advisor or your financial planer so you get professional opinions which are often to your advantage.
2. Being Financially Unprepared
If you do not have money, find ways to get some. You can lend from family and friends, get credit cards and sell your personal belongings that you do not really need. Get a job if you are unemployed. You will need money as you prepare for divorce, because you need the funds to pay for a well experienced and reliable lawyer and finances that can support you through the excruciating process of divorce and after. Prepare your finances by spending less and saving more immediately.
3. Resign From Your Job And Leave Town
When you decide to leave your job, you lose your source of income. When you leave town, you may be presented with a court order to move back. As a result of such irrational behavior and lack of planning, you end up without any money and a secure home and get reprimanded by the court.
4. Being Childish, Reckless And Desperate Towards Your Spouse
The process of divorce can turn you into a very bitter, angry and frustrated individual. As such, writing and sending harsh letters, text messages and emails can relieve some of the stress and pent up emotions you have been hoarding, but be prepared. Your spouse’s lawyer will take the opportunity to humiliate you through those letters, emails and messages you had sent, by saving them and presenting them during court hearings. This can leave a very bad impression about you in court.
5. Settling For Less Thinking That You Can Demand More In The Future
Remember that you have the chance to demand for what you deserve right now and not in the future. Whatever you settle for now, might be forever, because there are some judges who do not wish to correct court orders made by the previous judge who had resided over a divorce case, unless necessary. Demand for what you know will make you happy in the long run right now, because this may be the only chance you can get.
Valerie Terger is a freelance writer specializing in a variety of legal topics. She offers legal information related to child custody, separation and divorce issues, while providing tips on what mistakes to avoid when filing for divorce. Learn more about the process of divorce and the need for an experienced divorce lawyer here.
Tags: Avoid, Divorce, During, Mistakes
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5 Tips to Keep Your Cool During an Insane Divorce
Aside from the death of a loved one, a divorce is one of the most challenging and painful experiences that a person can endure. Time will eventually heal all wounds, but it may not feel that way while still lost in the drama of your divorce. Luckily, there are a few things that you can do to help yourself.
1. Surround Yourself With a Strong Support Network
A support system may include friends, family and if necessary, even a therapist. It may also mean talking to other people who are also going through a divorce. Joining together and sharing your story with those who understand is not only comforting, but you may be able to help others as well.
2. Allow the Time to Properly Grieve
When you go through a divorce, you essentially go through the same process of grieving that you do when someone dies. This can be a very difficult experience, but it is a necessary part of the healing process. The law offices of Katz & Phillips, divorce attorneys, want you to know that you should accept that it takes longer than just a few months to recover from a divorce. You will have many bad days. Sometimes it’s best to give in and let yourself cry, get angry, shout or do whatever else makes you feel capable of releasing your emotions.
3. Making Pampering Yourself a Priority
Pampering yourself can mean a number of different things, from practicing care of your skin and body to treating yourself to a steak dinner at your favorite restaurant. Whatever your pleasure, allow yourself to have it during this time. This isn’t to say that you should binge on cake every night for the next six months, but if there are a few things that you’ve been denying yourself due to lack of time or money, now is the time to make them happen. The one benefit of a divorce is that for the first time in a long time, you get to make yourself a priority.
4. Have Realistic Expectations of Others
A divorce doesn’t only mean dividing up all of your possessions. It also often means dividing up your friends and family. It’s important to have realistic expectations of others and remember that you are probably not the only person hurting. Depending on your situation, your friends and family members may also feel upset about the split, and not everyone will necessarily take your side. You may need to be extra forgiving and accept that some people will stick by you and some will not. Those that do are your true friends.
5. Get Excited About the Future
No one ever wants to go through a divorce, but great things can often come out of terrible situations. Accept that you were wrong about your path in life and be willing to fully embrace your future. Get excited about things that you were not able to accomplish while with your partner, such as returning to school, going traveling alone or meeting someone new and falling in love again.
After a divorce, it is normal to wonder if you will ever feel happy again. The time it takes to do so will vary greatly depending on the individual. However, if you make the effort to practice optimism and take good care of yourself, you will surely be back on your feet in no time. Where you go from there is up to you.
For Nadine Swayne, contributing freelance writer, optimism and support are key elements to dealing with difficult situations in life. Divorce is never easy and can be an emotional time for you and your family. The group of Katz & Phillips, divorce attorneys, understand the needs of their clients during this trying time and use their expertise to ensure your rights are protected. These attorneys have worked on hundreds of cases and utilize that knowledge to handle your case with the least amount of stress and time.
Photo Credit: Vic (CC BY 2.0)
Tags: cool, Divorce, During, Insane, Keep, Tips
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