Subjects To Consider Before Filing A Divorce

If you are considering ending your marriage, you should learn something about the process in advance: like hiring the right divorce lawyer, to begin with.

Reality Check:

Hiring a divorce lawyer to represent you can have advantages and disadvantages. If your relationship with your spouse is so broken that you cannot communicate effectively with him or her, or if your spouse was abusive, you likely will want a divorce lawyer to help protect your rights and take care of your financial entitlement. You also should get an attorney if your spouse has a lawyer. Handling a divorce without counsel may be better suited for partners ending a short-term marriage with comparable wages and no significant assets or children.

The primary benefit of hiring a divorce attorney is so you understand your legal rights, particularly in a complex divorce. If one party has separate property or the couple has significant marital property, minor children, or major differences in income, the couple would almost certainly benefit from assistance of counsel in their divorce.

Categories of divorce:

Primarily, there are two kinds of divorces: fault and no-fault divorces; and to gain a better understanding of the same and your stance and benefits in the settlement, you need to hire an experienced divorce attorney to get you what is rightfully yours.

No-fault divorce: In a no-fault divorce, neither spouse needs to show that the other spouse did something wrong. A spouse instead must provide a reason that state law recognizes as sufficient to show that the couple cannot get along.

This is often termed “incompatibility” or “irreconcilable differences.” Often states require that the spouses live apart for a certain period before they are eligible to file for a no-fault divorce.

Fault divorce: A fault divorce is much less straightforward than a no-fault divorce, but some people still find it an appealing option. In contrast with a no-fault divorce, a fault divorce does not require a separation period.

The spouse who is not at fault also is more likely to get more of the marital property, a larger alimony amount, and custody of any children. If both spouses are at fault, a court generally will grant the divorce to the spouse who is less at fault.

Although, the fault divorce has a few downsides of its own. A spouse cannot stop the other spouse from getting a no-fault divorce, while a fault divorce can be

contested. The spouse against whom the fault divorce is sought can argue that he or she is not at fault, or that the other spouse tolerated or provoked the activity on which the divorce is based.

Unsettling financial agreement:

Until the court of Fort Worth city makes a consent order, the financial agreement between divorcing spouses is not legally binding. It is not uncommon for one spouse to agree to a financial settlement, only then to have a change of heart a few days, weeks or even months later. If you find yourself in this situation, all is not lost - it can be very difficult for your ex to go back on an agreement but it may involve having to go to court. 

The extent to which your ex-spouse will be held to the terms of an agreement will depend upon a number of factors, including whether you both have had the opportunity to take legal advice and whether the terms of the agreement will meet both of your reasonable needs.

Mediation:

During your time together, the divorce mediator will actively engage you and your spouse in a series of discussions on all the necessary issues. He will help identify the relevant issues that pertain to your unique situation.

Listen to your goals, needs and concerns. And ultimately help you come to all decisions and agreements required to peacefully end your marriage. In addition to discussing the issues necessary to end your marriage, the divorce mediator can also help you resolve other matters such as how to tell the children you’re getting a divorce, what religion the children will be raised in, who will care for the family pet, etc.

Parental Responsibilities:

Parental responsibilities are broken up into decision-making responsibility (who makes major decisions for the children) and parenting time (the schedule of time the children have with each parent). When initially deciding decision making and parenting time, the court is governed by the best interest standard set forth.

Therefore, many of the questions in an initial parental responsibilities hearing may be focused around the best interest factors. It is recommended that, when structuring your testimony (the statement you give to the Court of Fort Worth city, Texas) you research the best interest factors and explain to the court how they support your requests.

Debt Division:

A debt incurred by a spouse during the marriage is presumed to be a community property debt.  A debt incurred before the marriage is presumed to be separate property debt.

The designation of a debt as community property has no effect on which spouse may actually be liable for the repayment of the debt.  The fact that spouses are married, does not, by itself, create liability by one spouse for the debts of the other spouse.

To further make an ending to this article, I shall leave you ensured in the credbility of the divorce lawyers based in the city of Fort Worth, Texas, and their aggressive will to help you get through with what’s rightfully yours, by all means.

Get in touch with the highly experienced Divorce lawyers in Fort Worth