Alimony Lawyer & Spousal Support Attorney Information

March 12, 2010

Agreements in a Collaborative Discussion

Filed under: divorce — Tags: , , , , , , — Byron Ash @ 12:18 pm

There are those divorce cases where the separation is agreed upon by both parties and will be deemed beneficial and mutual. In these cases, the type of separation is called mutual separation and will be considered as a collaborative-type of divorce. The most important part of this type of divorce is the Participation Agreement.

The agreement states that the lawyers will not litigate the case wherein if the process fails, this will not end up in court else the lawyers will have to disqualify themselves from the case. This was made to make sure that the lawyers will have the client’s best interest of trying to patch things up while making the likelihood of a court appeal as the last choice.

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 that are part of the discussion are required to be a part of the neutral third party. Experts hired for collaborative cases should be impartial and should be obliged to release results in terms of mental health, financial condition and other aspects in truth. Everyone is expected to work in courtesy and in good faith.

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

March 11, 2010

The Different Types of Divorce and Their Differences

Filed under: divorce — Tags: , , , , , , — Bob Jones @ 7:02 am

The term divorce has been thrown around over a couple of years in the past. Divorce is the legal process of terminating marital duties to one another, such that all other duties like legal responsibilities of both husband and wife towards each other follows suit. Countries vary in their views regarding divorce, over which some countries may support it while others would outright say no to it.

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 countries, divorces are handled legally and must be certified by the court to become accepted. The conditions of living thereafter are determined by the court’s final judgment. Agreements made before or after marriage precedes the power of the court however, so conditions are also considered before anything else from the court.

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 another case, is the voluntary agreement of both parties to separate without the idea of going to court. Usually, this is more mutual to both parties. It is like a mediated agreement without the mediator. Contracts are drawn, and both parties agree to it and uphold their end of the agreement after the divorce.

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

March 9, 2010

Different Types of Alimony

Filed under: Uncategorized — Tags: , , , , , , — Byron Ash @ 9:31 am

In general, there are four different types of alimony that is rewarded given to couples that divorce, depending upon the request of the receiving party. These are temporary alimony, permanent alimony, reimbursement alimony and rehabilitative alimony.

Temporary alimony is alimony given to the spouse before the divorce process is completed. Usually the divorce process is both long, and tedious, which often disrupts the spouse’s daily routine and work. The other party hence is required to support the spouse while the divorce process is on-going. This might include transportation, living allowances and such, especially if the other party is made to travel for the divorce.

Rehabilitative alimony, on the other hand is given to the lesser earning spouse for a period of time after the divorce. This happens usually when the spouse is a house body who has had no work except maintaining the household. The other partner is required to support the spouse such that they could be able to look out for themselves financially over time, ergo be able to find work and support themselves.

Reimbursement alimony is probably an odd one out, such as the fact that both parties can be self-sufficient but alimony is still given. The reimbursement includes personal investments of one party to another, such as educational plans, personal investments, and such. Investments in other areas such as businesses may be included, depending on the case as it may be. And unlike the other types of alimony, reimbursement alimony usually ends once the whole sum is paid.

The last type of alimony is permanent alimony, in which more people are familiar with. Permanent alimony requires one spouse to support the other until the death of the recipient, the payer or if the recipient remarries and does not need the support of the alimony anymore. It is also riddled with cases sometimes, wherein the other party takes in a lover but does not remarry, hence making him or her still eligible for alimony.

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

March 8, 2010

Alimony in Divorce

Filed under: Uncategorized — Tags: , , , , , , — Byron Ash @ 5:03 pm

Alimony is what you could call spousal support, or the money that is given in support as part of an obligation to the wife or husband. This obligation is based upon the natural belief that even after the dissolution of a marriage, both parties are still connected and must support each other through the natural order of marital union. Alimony can extend through 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 are in a collaborative agreement, alimony will only be granted by the court depending on the financial status and willingness of the other party. However, if one party is already receiving support from the other, this can be denied or overturned. Usually prenuptial agreements cannot be removed or nullified, but they can be subjected to change 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 different factors that affect the amount of alimony. In Texas for example, payments for alimony are limited to marriages that have lasted ten years or longer, and payments for alimony will not exceed three years since the start, unless of course for special conditions or cases. Some states go for twenty years, others lower than ten years. Other states allow the judge to decide. It really depends by case and by location.

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

March 7, 2010

Divorce Types

Filed under: Uncategorized — Tags: , , , , , , — Byron Ash @ 1:19 pm

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 divorce, meanwhile, requires proof that one party was engaging in extra-marital affairs, marital abuse and any similar acts that is violating the concept of marriage. Probably just as common as no-fault divorces, the majority of cases involve the husband as the cheater. These types of divorces are both expensive, tedious and very stressful. It always ends up in court with a contest over the division of assets and alimony.

A summary divorce happens, on the other hand, on a more delicate case. It’s like a “return and exchange deal”. The couple has to fulfill a few requirements though, like marriage below 5 years, should have no children, no real property invested (no mortgage either), joint properties are below 35,000 dollars in value, as well as both personal properties are below the same amount.

Uncontested divorce is divorce that is agreed upon by both parties, whether if it’s at fault or no fault. This is usually the case with most divorces, reaching up to nine out of ten. Assets, debt, properties and even child custody is divided and agreed upon by both parties even without court influence. Collaborative and mediated divorces remain uncontested and are one of the most stress-free types of divorces.

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