Divorce Law: How To Prepare For Divorce

In previous chapters of this website we have discussed how to prepare for divorce. At this time, I would like to introduce some divorce terminology that you might encounter during your preparation. Since I believe that the more educated individuals facing divorce are in the process and language, I consider this information priceless. It is my hope that after reading it, you will be able to better interpret the language of divorce law.

Tips on How to Prepare for Divorce:
Community Property: According to JT Spaulding Associates, community property is a rule of property division which equally divides all property acquired during the term of marriage. This rule is executed regardless of the name in which the property is held. In some jurisdictions, inheritances and gifts are exempt.

Contested Divorce: A contested divorce is one in which both parties are not in agreement as to the grounds for dissolution of marriage. In this case, one spouse is forced to sue another for divorce. Settlement terms such as child support, alimony and assumption of marital debts are likely to be included in such a suit.

Marital Assets: Marital assets refer to the property acquired during the course of a marriage. This property includes but is not limited to the marital home, cars, other real estate, stocks, bonds, pensions, and insurance. It is important to note that marital assets are assigned as such regardless of whose name the property/bills are registered.

The above definitions are just a few to help you get started. For a more complete list of terminology and/or for more tips on how to prepare for divorce, please access the link provided. This link will direct you to an excellent online divorce tips website where you can find suggestions, divorce law tips, as well as many helpful links.

Divorce Law: Alimony

Collecting alimony can be tough if the spouse required to pay it isnt living up to his/her end of the bargain. In the event that your spouse isnt paying the settlement ordered alimony, he/she is in contempt of court and I recommend you alert the proper authorities. The court can then help you get the money you are owed by issuing one or more of the following court-orders.

Basic Types of Alimony:
Wage Withholding: With a wage garnishment court order against your spouse, your spouses employer is legally bound to withhold a portion of his/her paycheck, and then forward the money either to you or to a state agency to give to you. The amount taken from your spouses paycheck will depend on how much your spouse owes and how late he/she is on payment.

Wage Garnishing: Wage garnishing is different than withholding in that a lump sum is taken from your spouses earnings, rather than portions of several paychecks. Depending again on how much your spouse owes you and how late the payment, his/her employer might be ordered to forward your spouses entire paycheck to you for deposit.

Writ of Garnishment - Personal Property: According to JT Spaulding Associates, a writ of garnishment is a court order whereby a third party holding your spouses liquid assets (such as savings and checking accounts, stocks, IRAs, etc.) is required to turn the money over to the court. The court will then give it to you. For each establishment holding your spouses assets, you will need to present a different writ of garnishment.

Divorce Law: California Alimony

When it comes to California alimony, there are three basic types. These are permanent alimony, lump sum alimony, temporary alimony, and rehabilitative alimony. The type for which you qualify will depend on several different factors including the duration of your marriage, the earning capacity of both you and your spouse, as well the contribution of one spouse as a homemaker. For more information on the types of alimony, please read on.

Tips on California Alimony:
If the court orders your spouse to pay you permanent alimony, it means that he/she must do so either until he/she dies or until you remarry. Sometimes, an amendment will me made to this agreement stating that alimony can cease if and when you to live with a significant other (even if you arent married). In the case of temporary alimony, however, your spouse will only be required to make alimony payments for a set amount of time determined by the courts (usually one or two years).

If you are awarded lump sum alimony, your spouse will be required to make a one time payment in a hefty amount of money determined by the courts. Like all alimony, a lump sum payment is taxable so make sure to get legal counsel before agreeing to accept. Finally, in the case of rehabilitative alimony, your spouse will be forced to support you until you become financially stable. This is the most common type of alimony.

Now that you know the California alimony options available, you should have no problem coming to terms with what you need. For more information about alimony, divorce collecting support, and/or if you would like some online marriage counseling tips, please access the link provided. This link will direct you to an excellent online divorce tips website where you can find all sorts of helpful information.

Divorce Law: Uncontested Divorces

Uncontested divorces were first introduced in California. The popularity of uncontested divorces and no fault divorces caught on for many reasons, namely because they are easy and cheap. Now almost every state offers some form of uncontested divorces.

Arriving at the decision to get a divorce is never one people take lightly. Divorce means the end of a marriage and a certain level of lifestyle. It can mean relief from conflict but sadness as well. It can mean new jobs, new schools, and a new home, depending on your circumstances. Both adults and children need a good support system to cope with all the changes, both emotionally and physically, that will happen over the next few years.

Uncontested Divorce Kits Online
If you and your spouse have agreed to part ways, you should look into the possibility of getting a do it yourself divorce kit. There are kits available online for nearly every state. Using do it yourself divorce kits for uncontested divorces and no fault divorce is cheap and easy.

When you first decide to apply for uncontested divorces online, you should make sure you understand the rules and regulations of the state in which you wish to file. Every state is a bit different when it comes to the requirements for uncontested divorces. Some states require a rather lengthy separation first.

Using the kit takes very little time and you can fill out the forms online. If you dont have all the information handy, you can skip a question and come back to it later. You can have the forms filled out in about fifteen minutes and then take them to your courthouse. Each kit will provide you with a contact number. The best part is that kits cost less then two hundred dollars.

Uncontested Divorces Require Agreement from Both Parties
When you and your spouse apply for an uncontested or no fault divorce, you need to make sure you are in agreement. This includes how you intend to divide up the contents of the marital home, whether you are going to sell it, or whatever other arrangement you want to make. This also includes all aspects of child custody arrangements and payments. You also need to make arrangements for how to pay back any debt that may have occurred during the marriage.

Divorce is a tough time for most people but the good news is that it is no longer a hidden or dirty secret. Society is more accepting of people who choose to end a marriage and there are many agencies in place to help people cope and strategize for their new life. You can find a plethora of informative books and articles on the Internet and at your local library.

When you decide to get divorced, you also need to have the resources to help your children cope. There are agencies set up for counseling and courses for individuals and classes. There are also chat rooms and message boards designed to answer questions and to help people feel like they arent alone. Divorce doesnt have to be the end of the world. In fact, its the beginning of a new chapter in life. Consider it a second chance at building the life you want to live. Uncontested divorces can help you get through your divorce quickly and cheaply, leaving more time, money and energy for creating your new life.

Divorce Law: Arizona Uncontested Divorces

In Arizona, uncontested divorces can speed along the divorce process. Dont overlook the fact that uncontested divorces are cheaper as well. To really hurry things along, consider downloading Arizona uncontested divorces do it yourself kits.

If two people unanimously agree to end a marriage, there is no reason why they cant sit down and draw up the paperwork themselves. Using a kit that is created specifically for these purposes, Arizona uncontested divorces can be one of the more painless ways to split up. No one likes to go through a divorce (that Im aware of), so the easier, the better.

In Arizona uncontested divorces, the marital assets must be divided in accordance with what the partners agree to. The same goes with child custody issues. The couple must be in total agreement if they want an uncontested divorce that they can do themselves.

Arizona Uncontested Divorces Are Economical
These days its hard enough to earn a living and try to save. Why throw away all your hard earned cash on expensive lawyers just because you want to end a chapter in your life? If you and your ex can be civil to each other, a do it yourself divorce will save you a bundle in the end.