What Do I Need to Know About Getting a Divorce?
Divorce isn't easy. You may not like each other anymore, and you might feel that you've had enough of each other. You might be angry at the time you got married or when you got divorced. Or maybe you're just tired of fighting. Whatever the reason, you may think you'd prefer to end the relationship instead of spending years going through the pain of trying to get a divorce. That's understandable. However, there are times when divorce is necessary, even though it may not be ideal. And while it's true that you may not like each other after you split, you should still try to stay friends and maintain a cordial relationship. If you do, you'll both benefit from the experience.
In every state, there are different requirements for couples seeking a divorce. For example, you need to show proof that your spouse has committed adultery. You also need to prove that you cannot live together anymore. There are other states that require both parties to agree to the divorce, while others allow either party to file for divorce.
In many states, you need to live in the state where you were married to file for divorce. If you move out of state after your divorce, you may still be required to meet residency requirements. However, you can usually file for divorce in any state even if your ex-spouse does not live there. You will need to meet any residency requirements that apply to divorce filings in that state.
In many states, there is a mandatory waiting period before a couple can legally get divorced. These waiting periods vary depending on whether or not there are minor children involved. A waiting period is usually required when there are minor children because the courts need time to determine custody arrangements. Waiting periods also give spouses time to reach agreement about property division. If there is no agreement, then the court will try to divide assets equitably.
Most states allow couples to file for divorce even if they're still living together. If you're not separated, you'll need to prove why you should get divorced. You can't just say "I'm unhappy" and expect the judge to agree. But there are two main reasons why you may need to go through a formal separation first. First, you may need to show that you've tried to reconcile. Second, you may need to provide evidence that you won't cause harm to yourself or others if you stay with your partner.
In many states, there are two types of grounds for divorce—No Fault Divorce and Fault Based Divorce. No-Fault Divorce means that neither spouse is at fault for the breakup. Fault-Based Divorce means that both spouses were at fault for the breakup, and therefore each must pay alimony to the other. There are also some states where both parties may file for divorce if they feel like it. These are called Voluntary Divorces. If you ask for a divorce because you think your marriage is not working anymore, you will probably get a Voluntary Divorce. However, if you ask for a divorce just because you want to end your marriage, you will usually have to show that your marriage is broken down beyond repair.
No-fault divorces allow both spouses to file for a divorce without proof of wrongdoing. While there is still evidence required to prove grounds for divorce, the spouse seeking the divorce does not need to provide evidence of his or her partner's wrongdoing. Instead, the two parties must agree that the marriage is over. If the spouses cannot reach agreement on whether the marriage should continue, the court will decide what happens next. A no-fault divorce can also be filed if one party wants out of the relationship but the other doesn't. For example, if a husband wants to leave his wife but she refuses to let him go, he may file for a no-faults divorce.
A No Fault Divorce is a legal separation that does not require proof of a reason for ending a relationship. There are two main types of no fault divorces: Voluntary and Involuntary. A Voluntary No Fault Divorce is initiated by either party, and may be granted even if there is no evidence to support any grounds for divorce. An Involuntary No Fault Divorce occurs when one party files for divorce because the other party refuses to cooperate. Both spouses must agree to the terms of a voluntary divorce.
If your divorce takes place in a state where both spouses own property, then each spouse gets half of what he/she owns. If a spouse didn't own any property before the marriage, then his/her share is zero. For example, if a husband earns $100,000 per year while his wife stays at home and does not earn anything, then the court will give him $50,000 and she'll get $50,000. If the husband worked all of his life and saved money throughout the years, then he may end up owning a house worth millions of dollars. In this case, the court will usually award the wife half of the value of the house.
In many states, judges must consider several factors when deciding whether to grant an alimony request. These factors include the length of marriage, the age of each party, their health, education level, current employment status, and any children in the household. Alimony may also be awarded for reasons beyond supporting the recipient. Courts often award alimony to encourage reconciliation, reduce tension during separation, and prevent the breakdown of marriages.Reimbursement alimony is an alternative to permanent alimony. Reimbursement alimony awards are usually granted when the marriage lasted less than ten years. The purpose of reimbursement alimony is to provide financial assistance to the supporting spouse while allowing them to maintain their current standard of living. If the supporting spouse did not contribute to the education or career advancement of the supported spouse, then the court may consider awarding lifetime alimony instead. Lifetime alimony is also called “permanent alimony”. Permanent alimony is intended to allow the supported spouse to continue living at their current standard of living after the divorce.If you need legal assistance consult to a divorce attorney in Harris County, Galveston County, Fort Bend County, Montgomery County, Brazoria County, Houston, Sugar Land, Missouri City, Stafford, Texas at Thornton Esquire Law Group, PLLC, and contact us today at thorntonesquirelawgroup.com for a free consultation.