If you and your spouse are going through a divorce, you may be wondering, “What am I entitled to in a divorce?” Property division is an important topic in divorce. Whether you own the family home or own separate properties, there are some things that you’re entitled to in a divorce. In most cases, your property will be divided according to how the property was acquired. However, if you married before you had any property, you may not be able to get a divorce unless you signed a pre-nuptial agreement. And if you have debts, they’ll also need to be considered in the settlement.
Property division
The process of determining the property division in a divorce begins with the determination of what’s considered separate and marital. If you have separate property, you have to document all of it in writing. Separate property includes inheritances, gifts, and the property you owned before the marriage. If you have commingled names, the division process becomes much more difficult. In such cases, you may want to hire a divorce attorney.
In addition to real estate, alimony can also be included in the property division. Alimony can be adjusted as a couple’s circumstances change. For example, it may end once one spouse reaches retirement age. Additionally, divorce lawyers know that pensions and other employment benefits are divisible. Even pensions can be assigned to a spouse if they have a high-paying job. But you need to make sure you understand the property division in a divorce before signing any papers.
Child custody
The law recognizes that children have rights to both their biological and legal parents, as well as other family members. When deciding custody and visitation, a judge considers the child’s best interests. A judge may grant custody to a noncustodial parent if a party can demonstrate that the other parent will harm the child. However, the noncustodial parent should not be denied visitation unless the circumstances are extraordinary.
A judge will make a decision based on the best interest of the child. This involves considering factors such as the child’s preferences, the wishes of both parents, the child’s school, and neighborhood life. In addition, the court may take into consideration the mental health of both parents. The child may feel better with one parent than the other if the other parent is closer to them. In cases where the children are in a foster care situation, the child’s mental health may also be taken into consideration.
Alimony
Alimony is a right that limits the unfair economic effects of a divorce by providing a continuing income for the lower-wage-earning spouse. Sometimes a spouse has given up a career to care for the family or is unable to support themselves after a divorce. Alimony allows the recipient spouse to maintain a standard of living that they achieved during the marriage. The amount of alimony awarded can vary, and the court can decide what it is appropriate to award.
If your ex does not comply with the agreement or order for alimony, you can ask a judge to enforce the order or agreement. This will likely require a lawyer to navigate the trial process. It will also likely require the assistance of a vocational evaluator. Alimony is your right in a divorce, but you don’t have to receive it. You can also seek a lower amount than your ex is required to pay.
Separation requirements
If you are planning to file for divorce, there are certain requirements you must meet before the process can begin. These requirements include whether you will live in separate households and how you will pay for living expenses. They also cover who gets the car and household belongings you share. You may be surprised to learn that most people skip this requirement and proceed right away. But if you want to avoid delays and complications, you need to take your time.
The legal separation is similar to a divorce but is recognized by the court. In this process, you will have to decide what to do with your property and children. In addition, you will need to make arrangements for child custody and child support, as well as spousal support. While legal separation is a less formal process than a divorce, you must still follow all the necessary steps to separate. You must also work out arrangements for your children and any bills you may have.
Keeping a house in a divorce
The issue of keeping a house in a divorce is often the most contentious issue of the entire process. While there are financial concerns, sentimental attachments are often more important. A home is a place where you and your spouse can feel comfortable. Moving is hard on the children and can put them in a new school. You may also have close bonds with neighbors or feel a strong connection to the community.
Depending on the circumstances, keeping the house may not be the best option. While neither spouse will be able to afford the mortgage, the court may make an exception in the case of an owner-occupied home. Then, a seller’s property may be more valuable and offer tax-free profits. Moreover, few investments offer tax-free profits. Thus, keeping a house in a divorce might make sense if it is easy to maintain and will not add significant costs to the divorce.
Separation requirements for alimony
To determine whether alimony payments are proper, you must have sufficient evidence of your cohabitation, even if you live apart. You must also file separate tax returns. Alimony payments must be made by cash, check, or money order, and they must be under a divorce or separation agreement. Alimony payments may be terminated if you become self-supporting or if the recipient becomes unable to support themselves financially.
Alimony is an important way to limit the impact of a divorce on the economy, as it provides continued income to a lower-wage-earning spouse. In many cases, an ex-spouse has chosen to forgo a career during the marriage to raise the children or support the household or they are still acquiring job skills and training. Alimony is a legal way to maintain a standard of living that you enjoyed during your marriage. It is also based on the ability of the payer to financially support the recipient.
