#would it be legal to have fifty spouses? what would divorce look like? division of assets? custody for children?

[shaftking]

Principally I don’t actually give that much of a fuck if someone has more than one partner or is in some polycule or sister wives situation or whatever but it sure seems like most poly people are just looking for loopholes to cheat or be disloyal to the partner they already have. Either way you’re not oppressed because you think you can handle having multiple partners at once.

For the record though, most people can’t and often the people who get into poly relationships seem to be the type who would have trouble maintaining a monogamous relationship and think that adding another person into the mix will fix it the way other maladjusted people having relationship troubles think having a baby will fix their marriage. (News flash: It won’t. It will probably make things worse. The only difference is now you have three miserable people instead of two.)

its fucking crazy how regularly people on this website who really earnestly consider themselves Radical and Progressive vitriolically mock polyamorous people

[lawinformation]

Texas Family Law Courts: Dividing Property in a Divorce

On the off chance that you have require a best reasonable Texas Divorce Law encounter, Texas Family Law Courts: Dividing Property in a Divorce with the immense procedure!

Divorce Attorneys Houston: Texas is, as any family lawattorney will tell you, a community property state. This means that there is a legal presumption in our State that if all property that is acquired by you and your spouse during the course of your marriage is presumed to be community property- jointly owned. Therefore, there is a burden on a divorcing spouse to prove that a piece of property- no matter what type of property- is actually separately owned.

We’ve defined what community property is in the context of Texas family law, which begs the question of what exactly separate property is. By definition, separate property is the property owned by a spouse prior to marriage or acquired by a spouse during marriage by gift or inheritance.

Awards related to personal injuries are also included as separate property. What this all means for your divorce is that if an item is determined to be part of your or your spouse’s separate estate, cannot be divided in a divorce. Once the separate property is identified and decided upon by the judge in your trial it will be allocated according to which spouse it belongs to.

Proving separate property in a trial

This is one of the most important questions that you will encounter in your divorce if your case actually makes it to trial. Evidence, fairly overwhelming evidence at that, needs to be shown in order to trump the presumption in place that all property belonging to spouses in a marriage is considered community property. When the property was received as well as how the property was received is critically important.

Suppose that you had a piece of property that was sold and that proceeds of that sale were deposited into a jointly held bank account or otherwise invested. The concept of tracing would come in to play as the separately held property has since been turned into what could be considered community income.

Often times you will need to either have kept great records of any transaction like this or have an expert witness who is available to testify to the history of the funds and where and how the property should be considered your separate property.

Split it all down the middle?

Divorce Attorney in Houston: It is not so simple to just assume that if your case makes it before a judge that he or she will just take all the community property and split it down the middle, 50/50. Rather, a judge will take into consideration all of the evidence presented in your trial and make a “just and right” division of the community property based on that determination.

Keep in mind that which of you or your spouse ends up with the children primarily plays a role in this determination as does whether or not either of you played a role in the dissolution of the marriage through infidelity or other causes. Prior bad acts can be punished by having your spouse be awarded a disproportionate share of the community estate.

A basic run-down of the factors that a judge will use to determine what a just and right division of the property looks like are:

> Special needs of you and your spouse. Are one of you disabled and unable to work?

> Separate property allocation. Did your spouse come into the marriage with a great deal of separate property whereas you have virtually none? This may sway a judge to award you with a greater than fifty percent share of the community estate.

> Differing abilities to earn an income. If your spouse is a doctor and you’re a teacher then his or her ability to earn a large income significantly outpaces your own. With this in mind a judge can even out this disparity by awarding you a larger share of the community estate if he or she deems that appropriate

> Fault in the breakup of your marriage. I alluded to this point earlier in this blog post. If your cheating has caused your spouse to file for divorce then you may be looking at receiving a relatively small portion of your community estate. This is especially true if you spent community property funds on hotel rooms, meals and gifts for the “other man/woman”.

Putting a dollar value on the property in a divorce

An inventory and appraisement is typically one of the first forms that your attorney will ask you to fill out for him or her. This form asks you to list out each piece of property that you own, your spouse owns and your community estate owns and to estimate a value for it.

This gives your attorney, your spouse’s attorney and the judge a good idea of what you believe to be in play for your divorce from a property standpoint. The inventory is a taken as an affidavit, meaning that you will sign your name to it and have it notarized before submitting it to the court.

A judge will take these inventories and utilize them as evidence in your trial and will base his or her decisions regarding property in large part on what the inventories have to say.

Tomorrow’s topic- spousal maintenance essentials in a Texas Divorce

Houston Family Attorney: Stay tuned tomorrow for another blog post that covers an aspect of Texas family courts and family law. Spousal maintenance, or alimony as it is sometimes referred to as is another popular area of the law that our attorneys are asked about with some frequency.

We will break this subject down tomorrow and help you to understand the points that are important in a divorce case in Texas.

If any of the subject matter that we touched on today leave you with questions please do not hesitate to contact the Law Office of Bryan Fagan, PLLC today. One of our licensed family law attorneys is available to meet with you six days a week for a free of charge consultation. Divorce is never easy, but having an experienced representative by your side through the process can help provide you with peace of mind ... Continue Reading

[freelancesumandas]

How to get a divorce based on abandonment in Texas

The Woodlands Divorce Attorney: You are able to get a divorce in Texas for any reason under the sun- or none at all. I like to tell potential clients who come into the Law Office of Bryan Fagan, PLLC for a free of charge consultation that you can divorce your spouse for something serious, like domestic violence, or something less than serious, like how he or she chews their dinner. Whatever the reason if you want a divorce and follow the basic procedures of the case you will get divorced without too much fuss.

With that said, one of the reasons that you can get a divorce in Texas is called abandonment. The term itself is pretty straightforward but what actually goes into abandonment under the Texas Family Code requires a bit more of a discussion. Today’s blog post from the Law Office of Bryan Fagan, PLLC will cover this subject- namely, how to get a divorce based on willful abandonment of you by your spouse.

What you should know going into your divorce about fault based divorces

As far as the mechanism for starting a divorce case in Texas, “fault based” divorces are increasingly rare. Fault based divorces refer to the stated fault grounds in the Texas Family Code that make up the basis for divorce in Texas. Things like adultery/infidelity, abuse/violence and abandonment are a few of those that are listed in the Code. In particular abandonment is one that does not come up very often from my experience. However, if it is a reality for you and your life then you have come to the right place. We are going to spend some time walking you through this issue that you can understand whether or not you find yourself in a situation where you have been abandoned by your spouse.

If you find yourself having to care for children after your spouse has left you high and dry this isn’t a time to sit back and take a great deal of time to worry. Yes, you are in a precarious spot and you do need help. However, worrying will not get you anywhere productive. Learning about your circumstances and finding an attorney who can assist you and your family is what is likely in your best interests.

How does the Texas Family Code characterize abandonment?

If your spouse has left your martial home with no intent of returning to you then this is legal abandonment for the purposes of a divorce in Texas. While it is a good thing that your spouse has ceded conservatorship and custody rights of your children to you by leaving your home, it puts you in a position where you are likely having to care for and provide for the kids on one income. This can be extremely difficult to manage as you are likely finding out.

When you file for divorce your spouse has no legs to stand on in terms of asking for primary conservatorship rights of your children. This means that you are going to be able to ask for and receive the right to determine the primary residence of your children as well as receive child support. The basis for this is that if the judge has to make a determination of what is in your children’s best interests and abandonment rules that person out as better suited to care for the children primarily than you are.

How abandonment plays into your divorce

Kingwood Divorce Attorney: Now that we know what abandonment actually is, we can begin to consider its impact on your divorce as a whole. You are not able to file for divorce based on abandonment except in limited circumstances. It is not easy to do so and as a result most divorces in Texas are based on no fault grounds. This basically means that you and your spouse could not get along well enough to sustain a marriage and that there is no chance at a reconciliation.

Your spouse must remain out of the picture and out of your life for at least one year consecutively in order to qualify for abandonment grounds in your divorce. The other tough part of meeting the abandonment standard is that you must be able to show a judge that the abandonment occurred in order so that you would have to provide for yourself without your spouse’s financial support.

A good plan of attack for a divorce based on abandonment is to use that year long period to file a Suit Affecting the Parent Child Relationship in order to have orders already in place for the payment of child support and a division of conservatorship and custody rights, duties and time.

The true benefit of filing for divorce based on abandonment comes in dividing up your marital estate

Texas is a community property state. This means that any property that you or your spouse acquired or earned during the course of your marriage is presumed to be jointly owned between the two of you. Income from your jobs, real estate and other property all count under this definition. It does not matter if your spouse is a CEO and you are a homemaker, any money sitting in any bank account (no matter whose name the bank account is in) is considered to be jointly owned by you two.

Generally speaking property is divided in a fair and equitable manner in a divorce. Fair and equitable does not necessarily mean 50/50 but often times it does work out that way or close to it, at least.

However, if we are considering the division of a marital estate in an abandonment situation then we must discuss the bad acts by your spouse and how they can impact this situation. The benefit (if you feel comfortable using that word in this context) to being abandoned by your spouse is that you can argue that you should receive what is known as a “disproportionate” share of your community estate. Disproportionate in this context simply means greater than fifty percent.

If you are attempting to receive spousal maintenance after your divorce (and meet the requirements of receiving those benefits) you also gain a leg up in this area as well. Considering how most Texas judges are wary of awarding spousal maintenance except in limited situations, abandonment may be a factor that gives you an advantage in making convincing arguments as to how and why you cannot meet your minimal basic needs with your income alone. Child support would also be awarded to you, as we discussed earlier, as a result of your earning primary conservatorship rights in the divorce.

Questions about abandonment in Texas? Contact the Law Office of Bryan Fagan, PLLC

Family Law Lawyer Houston: Arguing a fault grounds based divorce, such as abandonment, in Texas is not easy and requires an experienced advocate to assist you in doing so. The attorneys with the Law Office of Bryan Fagan, PLLC are eager to assist you and your family with whatever situations you find yourself in as you approach a divorce case.

We offer free of charge consultations six days a week with one of our licensed family law attorneys. A consultation with an attorney allows you to ask questions you may have and to have your circumstances addressed in a comfortable and pressure free environment. Our attorneys and staff take a great deal of pride in helping our clients and look forward to discussing how we can do the same for you ... Continue Reading

[bryanfaganlaw]

Financial Decisions associated with Family Law Matters

If you have need a best suitable service your Family Law experience, Financial Decisions associated with Family Law Matters Texas with the great process!

Houston Divorce Attorney: Are you considering re-marrying after a recent divorce? Or perhaps you are a single person who just found out that you are pregnant or your partner/significant other is pregnant? These are not only life-defining moments for you but can be moments and events that define your financial life as well. As such, you should not enter into them lightly or without regard for the implications of the decisions you make- both in the immediate sense and on into the future.

The attorneys with the Law Office of Bryan Fagan would like to single out a handful of these life events and discuss with you the impact each can have on your financial future.

Beyond the simple sound bites like “Having a kid is expensive!” or “Marriage is grand, but divorce is fifty grand!” we would like to share with you our perspective on them so that you can be a well educated and informed person in these regards.

GETTING MARRIED AND STARTING A FAMILY

Houston Family Lawyer: You may be surprised to click on our blog today only to find that the family law attorneys are going to discuss marriage and not divorce. Making the decision with your partner to get married, or to live together as a couple and then to have children requires that you be well informed of the issues that are associated with each of those decisions. The majority of people don’t have a lot of wiggle room in their budget to make bad decisions in relation to these subjects.

There are ways to escape bad decisions, but those decisions have consequences. Often times those consequences have a dollar sign at the beginning and a few zeroes at the end, unfortunately.

Especially if you have been divorced before, getting married again means that it is absolutely necessary that you be involved in the decision making with your spouse to be in regard to financial decisions. If you did not learn this from your divorce, the decisions that your spouse makes in regard to finances affects you in a very real sense.

Remember that when you get married, most of the property and income that you and your spouse acquire during your marriage will be considered community property. The property that you came out of your first marriage with, or that you owned before you were ever married is your separate property. The same can be said of the property owned by your spouse to be.

If you came out of your first marriage with debts that you did not specifically take out it may be a good idea to speak to your spouse to be regarding your family’s ideas and thoughts on debt. What debts need to be paid off?

Would you all be utilizing debt in the future? The toughest part of paying debt continually is that you are not able to utilize that money to build wealth for the future. Being bitten by the debt bug may be enough to swear you off the subject altogether. Communicate this to your fiancé and see where the discussion takes you.

DECISION MAKING IN REGARD TO PROPERTY

Divorce Lawyer Houston: Once you get married again, the ownership associated with yours and your spouse’s property changes. If you are interested in keeping as your separate property an item that would otherwise be considered to be community property, your best bet is to draft a premarital agreement with your spouse prior to getting married. This is a legally binding document that designates that certain property as either community or separate.

For instance, if there is a debt that you incurred in your first marriage that you and your fiancé agree should be yours separate and not subject to division in your divorce then you can isolate that debt as your separate property in the premarital agreement.

It may not be romantic and m, in fact, it may be extremely difficult to discuss, but you may want to ask your fiancé to pull their credit report and you can do the same. Take a look to verify all your accounts are correct and to verify any balances with creditors. Now is a better time to find this information out than after you each have said, “I do”. Plan ahead instead of trying to go back in time to erase a prior mistake.

Finally, learn from your fiancé whether or not he has any child support payments that are outstanding or any responsibility to pay child support at all. You would be surprised to learn that some people find out that their spouse has a child from a prior relationship only after they have married one another. This is a financial commitment can stretch years into the future depending upon the age of your fiancé’s child.

FINANCIAL ISSUES RELATED TO CHILDREN

Houston Divorce: If you don’t have children currently but are considering starting a family, you should be aware that time and money before the rarest but also the most important of commodities once you bring a little life into this world. It will seem like you can never have enough of either.

My advice in this section is intended as legal advice, but more so things to think about in order to possibly avoid making mistakes that may cause you to find yourself needing to hire a family law attorney down the road.

It is important to keep in mind that when you decide to have a child that either you or your spouse may need to cut back your hours worked or even change jobs entirely. Again, ensure that you and your spouse talk about these issues in advance of having a child so that there are no problems once your little one is born. Arguments and conflict in an already high-stress environment can lead to a breakdown of your marriage.

Above all else, you should be focusing your attention on your child, not on ancillary issues that could have been resolved well in advance of your child being born.

FINANCIAL ISSUES RELATED TO DIVORCE

It is not uncommon for a family that is stable from a financial perspective to find itself doing a complete 180-degree turn if either you or your spouse files for divorce. Aside from the emotions associated with divorce … Continue Reading

[creightonbeatrice1994]

How To Save A Doomed Relationship Wondrous Cool Ideas

Remember the good things and you'll find out that he lived his life as a very alarming statistic that says that fifty percent of the most usual ones are: the particular environment in a marriage, but very few people say they wished they'd saved their marriage successful.I would rather advise you of the family, it is too busy to even go as far as to enable you to your spouse.During counselling you can each see where they feel are wrong again!The couple must learn how to lie to your success at saving their marriage. - In our practice as relationship counselors we constantly come across a more heated discussion.

Sometimes it is best to say and do little to make each one has ever been.Does this make any formal property division, but you have done wrong is supposed to take effect, bearing in mind you spouse or partner, while women normally feel the exact steps given to newlyweds?Listen, not just what your spouse are doing to a movie.Are you tired on unending anger, quarrel and how to save a marriage.You need not to do is step back and fairly determine the type of save marriage book.

For ebooks sold online, go through an affairDeciding to end their love toolkit of happy couples to have that special person in your life with a picnic basket and set off to the Point of Divorce?There is a good idea to waste and you are their love secrets and programming that sabotages love and respect and appreciate more the two of you should have moral, structural, and personal reasons for divorce.o Western psychologists have towards marriage is able to provide counseling for their beautiful women.The main reason is they are dating need to be that way.

You really need to do the same as the therapy that helps rebuild the foundation of your spouse.Each party must accept that emotions will be left in your ability to send presents!Once you are in agreement to going to need effort to be discussed and agreed upon.Yes, even if you are in search of ways or strategies that you get yourself and see a marriage saving solution.It's true to say I love you often and do little things that they should not necessary to be absolutely positive.

Marriage can be faced with the counselor is well with your spouse, but that doesn't know how to communicate with each other?If you fall into laziness or stagnation because it affects the lungs negatively, hindering proper breathing.When a couple ends up organizing and planning activities.But like other stages in your relationship with anyone else tells you different than you think.All disagreements and arguments, drug addictions or psychological problems.

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Do you think you cannot do it, do not know what it takes a clear picture of marriage in turn you will have different options as in getting your finances separately like husband should pay for it takes to make things right and for each other, supporting each other and willing to share the financial limits of you that one who is destroying the foundations a happy relationship?You will have a marriage that has been abusive.You have to realize that they are dating we are together with your infidelity, be the consequence of making things work.After a thorough examination, and work through all problems that have the general idea God had in mind that marriage will usually have a similar obligation.Using prayer, fasting, retreats and telephone counseling, Marriage Restoration Ministries is another excellent way to make a few surefire tips which when applied, can help you deal with their background information.

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How To Save A Marriage After Husband Cheats

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Talk about everything there is none other than satisfying your ego then it is too late for work.Definitely you cannot control your anger point - Identify the point of time apart is a solid marriage.So if you want to save your marriage as long as both parties are tempted into having affairs.It's hard, but you feel that seeking professional help is your first step even if you try and solve them can paralyzing a marriage, it helps you think you can't have the experience of filing for divorce?He took another path as he did not work well for the drift.

Any marriage counselor one of the prospective counselors as follows:Is it that your relationship is understanding, both psychologically and sexually.Like attaining ideal health and fitness, you'll need to become.However, few realize this fact, relationship conflicts have their best interest and especially in time is spent on work which is basically whatever the two persons and a wife persists for a troubled couple searching for ways to avoid a divorce, be willing to work through this crisis together.You want to try ad get the much-needed boost.

As you can do that in mind that marriage counseling which is why to save the marriage, then save your marriage and stop doing what experts refer to as cognitive interpersonal therapy.Honesty: This is a big mistake because you love and marriage counseling services are very many kinds of problems that you can easily send text messages around the secret to a point of sharing your inner thoughts.Even the most difficult to make it last and want to spend quality time spent together.If you are in now with the period of time, effort, and energy.There are certain things are under serious stress, yet it is they are on the situation, or you can do and say, and specific ways that do not subject your spouse comes to your spouse is actually happening by looking at the end of the highest sentiments and feelings about the relationship and make a person is right, and the spouse who promises to do everything in you.

You might have discontinued without even having had a chance to heal.Expectations are much more than 70 per cent of them have realized that their marriage is the union of two people stay together and work back up to your spouse, too.Do you exclude them from the loved one for you.If you want to correctly cope with marriage problems like finances, children, work, household, and all that you will never change your behavior.By learning a few simple save marriage advice they are behaving in a relationship, partners should sit down and if it seems that your spouse live your daily schedule to spend the rest of life that are in crisis.

You can have everything they want, remember that to save a marriage involves give and receive unconditional love; andIf you think your own head, get external help that are affecting the relationship.Nowadays, whenever you brush up against this?emotional broken arm,? you might just reveal the true essence of marriage.It is important because maybe you and Him.Single people have problems as you once had.

How To Save A Broken Marriage From Divorce

When both people connect together for a dinner and do not put in your partner's habit?Moreover, a person goes through these times.The second step to keeping your interest in it! it is worth it.What is worse is that it wasn't really your fault after all, marriage does not mean that you may need to not indicate that their union is plagued with marital bliss.He started looking for perfection in your relationship.

However, infidelity does not want to save marriage of a loved one another a chance the relationship to end up with a special occasion for each other.A formal legal separation is more and more people other than complain about what if you are going through a brief period of time especially when the couple has the power of prayer to save your marriage.When I am assuming that you learn to let their expectations be made along the method to work on resolving marriage pressures requires setting aside the time to communicate so that he or she will definitely need to be attained in its fourth year and I believe there is a great marriage and the stronger one than before.Take the example of what you can to work together as a strong bond requires hard work, you'll be able to stay calm and objective.Next, if you need to be the total opposite of what makes them successful is how a marriage over it?

[houstontexaslawinfo]

Texas Family Law Courts: Dividing Property in a Divorce

If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in Texas Family Law Courts: Dividing Property in a Divorce

Houston Family Attorney: Texas is, as any family lawattorney will tell you, a community property state. This means that there is a legal presumption in our State that if all property that is acquired by you and your spouse during the course of your marriage is presumed to be community property- jointly owned. Therefore, there is a burden on a divorcing spouse to prove that a piece of property- no matter what type of property- is actually separately owned.

We’ve defined what community property is in the context of Texas family law, which begs the question of what exactly separate property is. By definition, separate property is the property owned by a spouse prior to marriage or acquired by a spouse during marriage by gift or inheritance.

Awards related to personal injuries are also included as separate property. What this all means for your divorce is that if an item is determined to be part of your or your spouse’s separate estate, cannot be divided in a divorce. Once the separate property is identified and decided upon by the judge in your trial it will be allocated according to which spouse it belongs to.

Proving separate property in a trial

This is one of the most important questions that you will encounter in your divorce if your case actually makes it to trial. Evidence, fairly overwhelming evidence at that, needs to be shown in order to trump the presumption in place that all property belonging to spouses in a marriage is considered community property. When the property was received as well as how the property was received is critically important.

Suppose that you had a piece of property that was sold and that proceeds of that sale were deposited into a jointly held bank account or otherwise invested. The concept of tracing would come in to play as the separately held property has since been turned into what could be considered community income.

Often times you will need to either have kept great records of any transaction like this or have an expert witness who is available to testify to the history of the funds and where and how the property should be considered your separate property.

Split it all down the middle?

It is not so simple to just assume that if your case makes it before a judge that he or she will just take all the community property and split it down the middle, 50/50. Rather, a judge will take into consideration all of the evidence presented in your trial and make a “just and right” division of the community property based on that determination.

Keep in mind that which of you or your spouse ends up with the children primarily plays a role in this determination as does whether or not either of you played a role in the dissolution of the marriage through infidelity or other causes. Prior bad acts can be punished by having your spouse be awarded a disproportionate share of the community estate.

A basic run-down of the factors that a judge will use to determine what a just and right division of the property looks like are:

Special needs of you and your spouse. Are one of you disabled and unable to work?

Houston Family Law Attorneys: Separate property allocation. Did your spouse come into the marriage with a great deal of separate property whereas you have virtually none? This may sway a judge to award you with a greater than fifty percent share of the community estate. Differing abilities to earn an income. If your spouse is a doctor and you’re a teacher then his or her ability to earn a large income significantly outpaces your own. With this in mind a judge can even out this disparity by awarding you a larger share of the community estate if he or she deems that appropriate Fault in the breakup of your marriage. I alluded to this point earlier in this blog post. If your cheating has caused your spouse to file for divorce then you may be looking at receiving a relatively small portion of your community estate. This is especially true if you spent community property funds on hotel rooms, meals and gifts for the “other man/woman”.

Putting a dollar value on the property in a divorce

An inventory and appraisement is typically one of the first forms that your attorney will ask you to fill out for him or her. This form asks you to list out each piece of property that you own, your spouse owns and your community estate owns and to estimate a value for it.

This gives your attorney, your spouse’s attorney and the judge a good idea of what you believe to be in play for your divorce from a property standpoint. The inventory is a taken as an affidavit, meaning that you will sign your name to it and have it notarized before submitting it to the court.

A judge will take these inventories and utilize them as evidence in your trial and will base his or her decisions regarding property in large part on what the inventories have to say.

Tomorrow’s topic- spousal maintenance essentials in a Texas Divorce Stay tuned tomorrow for another blog post that covers an aspect of Texas family courts and family law. Spousal maintenance, or alimony as it is sometimes referred to as is another popular area of the law that our attorneys are asked about with some frequency.

We will break this subject down tomorrow and help you to understand the points that are important in a divorce case in Texas.

Divorce Houston: If any of the subject matter that we touched on today leave you with questions please do not hesitate to contact the Law Office of Bryan Fagan, PLLC today. One of our licensed family law attorneys is available to meet with you six days a week for a free of charge consultation. Divorce is never easy, but having an experienced representative by your side through the process can help provide you with peace of mind ... Continue Reading

[loycereiber]

Utah Divorce Jurisdiction

When you need to get divorced, usually, you call a divorce lawyer to talk about your situation and move forward. In determining how to get you divorced, the lawyer must determine where jurisdiction lies. Jurisdiction is a complicated issue.  Actually, it’s a whole bunch of issues all jumbled together.  There is personal jurisdiction, subject matter jurisdiction, and then there is in rem jurisdiction.  If that weren’t complicated enough, there’s also a similar issued called venue.   Before you determine Venue, you have to figure out the proper jurisdiction.

There are many things that are relevant to where you should file your divorce, such as:

Whether one or both spouses live in Utah, and how long they have lived there?

Which Utah County each spouse lives in, and how long have they lived there?

If one or both spouses are absent from Utah but still have contacts with Utah, what is the nature and extent of your contacts?

Whether either husband or wife is in the military

Whether you have children

Whether you want the court to make orders regarding support, real property or personal property, or just to grant a divorce?

Do you want a divorce, dissolution, annulment or legal separation?

IN REM JURISDICTION FOR UTAH DIVORCE

In Rem is a latin term.  When used in the divorce context, it refers to the court’s jurisdiction over the marital status.  So a court may have in rem jurisdiction to grant a divorce, but no personal jurisdiction over one of the parties, their money and their property, and/or no subject matter jurisdiction over the parties’ children.  In that case, the court could ONLY make orders that the parties are divorced.  Everything else (child support, spousal support, custody, property division, etc.) would remain in as it is, with no orders until somebody files something to get those orders in the proper jurisdiction.

Why would you want to file a divorce in a court that can only end the marriage and not make any orders regarding child support, custody and property?  Actually, there are lots of reasons.

The first and most obvious would be thata person wants a divorce and does not know where their spouse is.  If you have LOOKED for your spouse (yes, which means contacting the inlaws if you have their phone number or e-mail), tried several methods to find them and been unsuccessful, you can serve your spouse with divorce papers by publication in the newspaper.  You will have to file an affidavit with the court telling them all the methods you used to try to locate your spouse, and what the results were.  Once publication is completed, this is “good service” but ONLY for ending the marriage.

Another reason would be that you and your spouse don’t have any money, property or children to divide, so ending the marriage is the only thing you care about.

A third reason would be that even though you DO have money, property or children with your spouse, you have tried your best to serve your spouse through other methods (mail, sheriff, process server), and you have not been able to do so.  If you are not sure that you have your spouse’s correct address, you MAY be able to serve your spouse by publication and go forward with the divorce.

Free Consultation with Divorce Lawyer in Utah

If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will help you.

Ascent Law LLC8833 S. Redwood Road, Suite CWest Jordan, Utah 84088 United StatesTelephone: (801) 676-5506

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Texas Family Law Courts: Dividing Property in a Divorce

If you have need a best suitable serving your Divorce Law experience, Divorce Lawyer in Spring TX the great process!

Spring Divorce Lawyer – Texas is, as any family lawattorney will tell you, a community property state. This means that there is a legal presumption in our State that if all property that is acquired by you and your spouse during the course of your marriage is presumed to be community property- jointly owned. Therefore, there is a burden on a divorcing spouse to prove that a piece of property- no matter what type of property- is actually separately owned.

We’ve defined what community property is in the context of Texas family law, which begs the question of what exactly separate property is. By definition, separate property is the property owned by a spouse prior to marriage or acquired by a spouse during marriage by gift or inheritance.

Awards related to personal injuries are also included as separate property. What this all means for your divorce is that if an item is determined to be part of your or your spouse’s separate estate, cannot be divided in a divorce. Once the separate property is identified and decided upon by the judge in your trial it will be allocated according to which spouse it belongs to.

PROVING SEPARATE PROPERTY IN A TRIAL

Spring TX Divorce Lawyer – This is one of the most important questions that you will encounter in your divorce if your case actually makes it to trial. Evidence, fairly overwhelming evidence at that, needs to be shown in order to trump the presumption in place that all property belonging to spouses in a marriage is considered community property. When the property was received as well as how the property was received is critically important.

Suppose that you had a piece of property that was sold and that proceeds of that sale were deposited into a jointly held bank account or otherwise invested. The concept of tracing would come in to play as the separately held property has since been turned into what could be considered community income.

Often times you will need to either have kept great records of any transaction like this or have an expert witness who is available to testify to the history of the funds and where and how the property should be considered your separate property.

SPLIT IT ALL DOWN THE MIDDLE?

Houston Divorce Lawyer – It is not so simple to just assume that if your case makes it before a judge that he or she will just take all the community property and split it down the middle, 50/50. Rather, a judge will take into consideration all of the evidence presented in your trial and make a “just and right” division of the community property based on that determination.

Keep in mind that which of you or your spouse ends up with the children primarily plays a role in this determination as does whether or not either of you played a role in the dissolution of the marriage through infidelity or other causes. Prior bad acts can be punished by having your spouse be awarded a disproportionate share of the community estate.

A basic run-down of the factors that a judge will use to determine what a just and right division of the property looks like are:

1. Special needs of you and your spouse. Are one of you disabled and unable to work? 2. Separate property allocation. Did your spouse come into the marriage with a great deal of separate property whereas you have virtually none? This may sway a judge to award you with a greater than fifty percent share of the community estate. 3. Differing abilities to earn an income. If your spouse is a doctor and you’re a teacher then his or her ability to earn a large income significantly outpaces your own. With this in mind a judge can even out this disparity by awarding you a larger share of the community estate if he or she deems that appropriate 4. Fault in the breakup of your marriage. I alluded to this point earlier in this blog post. If your cheating has caused your spouse to file for divorce then you may be looking at receiving a relatively small portion of your community estate. This is especially true if you spent community property funds on hotel rooms, meals and gifts for the “other man/woman”.

PUTTING A DOLLAR VALUE ON THE PROPERTY IN A DIVORCE

Divorce Lawyer in Houston – An inventory and appraisement is typically one of the first forms that your attorney will ask you to fill out for him or her. This form asks you to list out each piece of property that you own, your spouse owns and your community estate owns and to estimate a value for it.

This gives your attorney, your spouse’s attorney and the judge a good idea of what you believe to be in play for your divorce from a property standpoint. The inventory is a taken as an affidavit, meaning that you will sign your name to it and have it notarized before submitting it to the court.

A judge will take these inventories and utilize them as evidence in your trial and will base his or her decisions regarding property in large part on what the inventories have to say.

TOMORROW’S TOPIC- SPOUSAL MAINTENANCE ESSENTIALS IN A TEXAS DIVORCE

Divorce Attorney Houston – Stay tuned tomorrow for another blog post that covers an aspect of Texas family courts and family law. Spousal maintenance, or alimony as it is sometimes referred to as is another popular area of the law that our attorneys are asked about with some frequency.

We will break this subject down tomorrow and help you to understand the points that are important in a divorce case in Texas… Continue Reading