Who Gets What in Divorce?

Division of Property in DivorceProperty division in divorce, especially between disagreeing couples, can get dramatic. When both spouses want to possess same item or property, they are expected to fight for it and not let the other party win the battle. Absolute 50-50 distribution is not always applicable in non-community property states, but this possible in community property states.

A divorce attorney in Denver says instances of fraud or misconduct may cause the spouse to lose property rights in divorce. This can happen if one party attempts to hide property or assets so that the court will not distribute it. Altering a divorce decree is possible if one spouse can prove the fraud.

House Ownership

Certain factors come into play when determining ownership of the house after the divorce. One important factor is child custody, and it is common for the custodial parent to get the custody of the house. If there are no children involved, other factors are considered. Until the divorce is final and if parties are listed as owners, one spouse cannot lock the other one out.

Vehicle Ownership

The ownership of this property may vary from state to state or case to case. Some states consider the vehicle as community property and may be awarded to the party who needs it the most. Other states, however, may consider vehicles as separate property if it was separate from the relationship. If one party has the title or is one paying for it, that spouse is most likely to get the car.

Custody of the Pet

Pets were once considered as personal property and the one who purchased it gets the custody. This today, however, is different as they may carry the same pedigree as kids in divorce distribution process. While pets are still considered property, both parties may have joint custody or have visitation rights to see their pets.

Wedding Gifts

The ownership will depend on a number of factors, such as the giver’s intention, nature of the gift, as well as its exclusivity. States have different rules about possession of wedding gifts. In most cases, a real present will be the property of the party who receives it, as they gift giver want the receiver to own it permanently.

Laws relating to property rights after a divorce are complicated. It is best to consult a divorce or a family attorney to tell you about your options regarding property distribution.

Can Children Make Custody Decisions?

Child Custody Law in Los AngelesIn child custody disputes, the court usually awards legal rights to a parent who is deemed suitable and capable of caring for the child. This is because younger ones may not be equipped to deal with the stress related to child custody fights. There are some cases, however, that the court may consider the child’s preference for one parent over the other.

Allow a Child to Decide

The court may allow children to make custody decisions when they are of the certain age, though this may vary by jurisdictions. Their wishes may also be considered if they are capable of making informed decisions or if there is a statute in place that allows them to make decisions.

Under Special Circumstances

Los Angeles lawyers who handle child custody cases say this arrangement is only valid under special circumstances, like if one parent is unfit for guardianship. The court may also fulfill the children’s preferences when they get older, in which they will need to take legal action in modifying the existing child custody order.

Disregard Child’s Preference

The court, however, may also disregard the preference of a child or children if they are not old enough to make important and legal decisions. This is also the case if they have a medical or psychiatric illness that affects their ability to make decisions. The court will then consider other factors when deciding child custody.

Best Interest of the Child

In any child custody hearing, the court will always make decisions based on the best interest of the child. These decisions are for the benefit of the child in terms of physical, emotional, mental, social, and educational upbringing. The  parent’s desires and wishes may also be disregarded if they don’t support the best interest of the child.

Child custody hearings usually require the assistance of an experienced child custody attorney. If you have questions regarding child custody or if you need legal representation, hire a family lawyer. This will help you prepare for the battle and keep you updated with the changes in child custody laws.

Get in in Order: Child Support Payment Adjustments

Divorce Lawyer in DenverWhen looking to modify child support payments, it is never advisable to simply change the payments on your own. Even when both parents agree, court modification is still necessary to have the documents in order and confirm the reasons for making adjustments.

Applying for Modification

It is necessary to support and document your reasons for changing the amount. You may need to submit unemployment information, pay stubs, and other forms. Denver family and divorce attorneys note that payment adjustment should support the best interest of the child. The use of online child support calculations is not always advisable, as they only provide an approximate figure, but fail to consider other important details.

Denied Request

The court, however, may deny child support payment modification at a time a parent just feels like doing so. The adjustments must be supported by a legitimate and reasonable need associated with childcare. There must be a good reason when requesting for a decrease or increase in child support.

Valid Adjustments

The court may allow payment adjustments if there are changes in employment status or in the child’s necessary expenses. Relocation of a parent or the child and other changes in financial circumstances may also warrant payment modification. The changes, of course, needs approval before implementation.

Change Without Court’s Permission

Unauthorized modification may lead to contempt orders, penalties, and court fines. If you modify payments without permission from the court, this may also result in loss of visitation rights and custody. Unpaid child support, on the other hand, may cause the court to impose garnishment from the payer’s paycheck.

Needs to Be Official

It is always advisable to make the payment modification official to protect the order in case the relationship between parents deteriorates. If a parent’s payment falls behind, the other parent may not ask the court to collect the payment if verbal agreement is the only thing in place.

If the requested change supports the best interest of the child, approval is possible without a court hearing. If both parties cannot agree, however, they will have to settle the case in court.

Grounds for Divorce: Accepting Faults and Moving On

Divorce Lawyer in HoustonSo you’ve had it. You give up. You remember three years ago when you said your I Do’s in The Bell Tower in Houston. The world seemed brighter and nothing else seemed to matter but the both of you.

Fast forward three years later, you realized you married so young and so soon. You thought it was the right thing to do back then, but now you decide it’s finally time to move on.

The process of divorce is chaotic. You would have to get an experienced divorce lawyer to help you get through it. You must also know the grounds for divorce before you do anything rash.

Insupportability or Living Apart

Insupportability occurs when the marriage cannot be fixed as it is no longer healthy and has caused many disagreements. Living apart, on the other hand, is when the couple has lived separately without cohabitation for at least three years.

Adultery or Abandonment

Adultery is when your spouse cheats on you. It’s vital that the person declaring the grounds for divorce has ample evidence to prove that his or her spouse committed adultery.

Abandonment is when the spouse clearly intended to abandon the relationship and has been away for a minimum of one year.

Confinement in a Mental Hospital, or Cruelty

Confinement in a mental hospital is valid when, during the filing of the divorce, the spouse has been confined to the institution for at least three years. This is also applicable if there is no potential improvement from the mental disorder and, if he or she does improve, there is a potential relapse.

Conviction of Felony

This is when there’s felony imprisonment for at least one year and if there's no pardon. However, this won’t be valid if you testified against your spouse, which put him in prison.

Marriage is a major step, but divorce is an even bigger one. It is a decision you won’t get back. Ensure that you’ve done everything you can to try and resolve any conflict before making any decisions. 

Colorado’s Family Law on Child & Religion Issues During Divorce

Divorce ProcessThe divorce process affects not only the wedded couple but their children as well. There are numerous ways in which the question of the child’s welfare physically, mentally and emotionally is taken into consideration. There are also the laws that are being upheld by different states. 

It is important that for settling divorce issues, local family law lawyers in Denver’s assistance is sought.

Religious Issues

One of the most common issues that need to be decided upon separation during divorce is which religion a child must follow. As of now, there is no national law on this matter; however, there are three factors that would be considered in decisions about the child’s future religious upbringing: actual or substantial harm, risk of harm or no harm required.

There are two interests that will be weighed upon as well. First, there is the right of the parent to influence his or her child’s religious belief. Second, the child’s present and future interests. This issue would not be so much of a problem if both parties share the same belief; however, conflicts arise when there are two religions involved. This is the point where the three legal standards are considered. Lawyers can guide divorcees on the legal aspects of this sensitive issue.

Actual Harm

In the presence of an actual or substantial harm, the court will deny the parent’s right to influence his child’s religious belief if the practices in that religion can harm the child. For example, a father who threatens his child that believing in other religion will cause “eternal damnation” as well as other verbal abuse can cause mental and emotional harm to the child. This will result in the court banning the father from sharing his belief to his child.

On the other hand, the risk of harm involves future harm that can be inflicted on the child due to a parent’s religious practices. Lastly, for the no harm required, the custodial parent gets to decide which religious belief he or she deems fit for his or her child to follow.

Divorce is an ugly process, but lawyers are there to expedite the process. You may not love it, but it can be made easier.