Tag Archives: divorce

Coverage of the Property (Relationships) Act

lawyer making couple sign divorce papersThe failure of a relationship is often painful. Emotions can run high. A reasonable discussion may not be easy when it comes to dividing properties. You may need a property lawyer in Wellington to help you. The lawyer may refer to The Property (Relationships) Act to advise you on what you should get.

However, your relationship should qualify under the Act to apply. Here are the types of relationships that the Act covers.

Three-year rule

If you have been together with the same person for a minimum of three years, you can have an equal share in some properties. These include the home you shared, cars, appliances, and furniture. You do not have to be married to fall under the Act’s coverage. People in a civil union or a de facto relationship will also qualify.

A couple in a de facto relationship lives together in a domestic arrangement without formalising it with the civil authorities. You both need to be at least 18 years old. You can be of the same or opposite sex.

Recognised couples

People who have been married or in a civil union for less than three years also fall under the rules of the act. However, it may not be equal sharing. In some cases, the division of the property may be according to how much each partner put into the relationship. There are no hard and fast rules in these cases. It is up to your lawyer to present your case so that you get a fair share of the property.

De facto couples

The Act does not usually cover a couple in a de facto relationship for less than three years, except in rare cases. You can simply agree on how you should do it. If that is not working for you, you can use other property rules to divide the properties.

You do not need a property lawyer if you and your partner can agree on how to divide properties when a relationship ends. But this is not usually the case. You need a lawyer to help you get your fair share of the property you own together.

Getting Divorced: Should You Stay or Leave the Family Home?

Divorce concept shotWhen it comes to getting divorced, they say moving out is one of the biggest mistakes you could ever make. There are, however, important factors to consider when deciding whether you should stay or leave during the process. It is not always easy to come up with an answer, as you need to take note of your unique situation to determine the right choice.

The best for the kids

It is best to aim for as little disruption as possible so your kids won’t have to suffer during the process. It is ideal that the children remain close to their friends, school, and childcare. It also pays to be close to your work, friends, and support network. Denver family lawyers note that having a parenting agreement can help avoid conflicts and establish parenting schedules.

Safety considerations

If you are divorcing an abusive spouse, your and your kids’ safety is of utmost importance. You may get a protective order or ask the court to order your spouse to move out. If you and your kids are at risk, leaving may be the right thing to do. Be sure to get a temporary custody order to avoid kidnapping accusations, though.

Goals or intentions

If you intend to keep the house in the future, it is ideal not to move out. You still, however, have to consider the specifics of your situation. You may still be able to get the house (as a part of the settlement) even after moving out, but it can make things more challenging in proceedings or negotiations.

Financial and future concerns

Your financial situation may play a role in making a decision, as moving out means finding and paying for a new place. If you decide to stay, note that is not a guarantee that you’ll get the house. The law requires the marital property to be divided equitably. This means the one party may be able to keep the house if the other one receives a property or money of a relative value.

If you are going through a divorce, it is best to work with a reliable family attorney. The right lawyer can help protect your rights and assist you in making decisions that can benefit your safety and your future.

Divorce Illustration

How To Be Ready For Divorce

Divorce IllustrationGoing through a divorce can be a trying time for most couples. It puts a lot of strain on the family as a unit and, quite literally, tears them apart. Yes, there are divorce stories that close with a happy ending, with both parties mutually satisfied, moved on and at peace. Unfortunately, not all of the stories end this way.

The truth is: divorce is an ugly affair. So before rushing into this messy process, it pays to be prepared, as much as possible, so you don’t suffer from any more headaches than you already are.

Here are a few things to keep in mind before jumping the gun to end it all.

A Mountain of Paperwork

You’re taking a whole new direction in life, and this means upending your current status. This entails a ton of paperwork to take care of so before beginning the process it helps to have multiple copies of them all.

This list includes records of names, account numbers, addresses, and phone numbers, bank accounts, credit cards, loans, stocks and bonds, mortgages, and title information, tax statements, pay stubs and employment records, and even deeds, prenuptial agreements and wills. A divorce attorney should be able to help you with the process, and you should do all you can with copies of all pertinent documents.

Understanding Legalities

Divorce laws vary from one location to another. Divorce laws in San Francisco, for example, can have vast differences with Albuquerque. Doing a little bit of research in this regard can help smoothen out confusing spots and even solve a few problems right off the bat. If you have any questions whatsoever, it’s best to always consult with an attorney. They can help you get through your divorce with much less hassle.

Some people think of divorce like a death sentence, but a little positivity, even during these emotionally volatile times, can pay off in the long run. After all, this only means the end of a chapter, but not the conclusion of your book.

Divorce is Sweet Sorrow: How a Lawyer Can Help

Torn piece of paper with divorce textFor many couples in Albuquerque, New Mexico, filing for divorce is not that easy. For same-sex marriages, it might be more difficult. While it is recognized as valid in the state, same-sex marriage comes with more challenges than heterosexual couples face. 

Luckily, with the help of divorce lawyers in Albuquerque, filing for divorce may be less difficult for any erstwhile couple. Some lawyers specialize in divorce proceedings and could help make the process becomes less complicated. Both partners could reach a settlement that they could amicably agree on. 

The Type of “Marriage” or Arrangement

Are you 100 percent sure that you went into marriage? For same-sex marriages, this is important. If you have been together with your partner, but were married before same-sex marriage was legalized in Albuquerque in 2013, you may be in a special arrangement. You could have gone into a domestic partnership or a civil union – and not a legal marriage.

For heterosexual couples, if you married your partner using false pretenses, such as a different identity, non-disclosure of a previous crime or even a previous marriage, this could also lead to a void marriage.

If this is the case, your lawyer will tell you the facts about such arrangements. They will also fill you in on relevant details about your status. Most importantly, your attorney will advise you on how to proceed – and how to protect your rights.

A Child in the Picture

Is there a child in the picture? If so, you would need to make decisions with your partner about custody and support. You need to tell your lawyer every relevant information about your agreement with your partner regarding this situation, and you may need to disclose your financial status and capability if you want to get sole custody.

In a same-sex divorce where child custody is part of the battle, usually you will have to go by the same rules as those for heterosexual couples. The courts will always focus on the welfare of the children, and with the help of competent divorce lawyers, you can arrive at a resolution and get joint custody.

The Marriage Failed and So Did You?

Divorce in DenverDivorce can bring out the worst in people. Divorcees end up doing things or feeling emotions they never imagined. After all, they never thought the marriage would end.

The process also makes even the best of them feel like a failure. You worked so hard to make things work; you spent time and effort to attend marriage counseling, talk more, and hopefully patch things up. But in the end, the marriage still concluded with a divorce.

It’s perfectly normal to reflect on the problems you have in your previous relationship. Still, that shouldn’t mean you are a complete failure. Even the best divorce lawyers in Denver will say the same thing: Dwelling on shortcomings is never productive.

The Snowball Effect of Negativity

When you dwell on your mistakes, the mind games begin. Realization of shortcomings results in a blaming chain that is focused on yourself, the ex-spouse, and the circumstances that led to the divorce. Combining these create an uncomfortable cycle of you considering yourself as a failed partner, over and over again.

The repetitive negative thinking piles up bad thoughts in your head, preventing you from moving on.

Instead of letting the snowball of negativity grow bigger, however, it is better to start fresh and move on. Failures exist not to bring you down, but to help you get up. A second chance is available to everyone — and that includes you.

It Takes Two to Divorce

It takes two people to make a relationship work. It also takes two people to end it. Don’t just blame yourself because divorce stories always have two sides. After all, divorce happens for a number of reasons.

It’s not about who deserves the blame or who is innocent. Everyone has their own fault — not just you. Your spouse contributed to the end of the marriage. Instead of focusing on your failures, keep in mind that you tried, but it did not work out.

Your marriage may have failed, but that doesn’t mean you’re a complete failure. Some things just do not go according to plan. What matters most is what you do about it.

Calling it Quits: We Simply Grew Apart

Family Attorney in Colorado SpringsYears ago, infidelity and irreconcilable differences are the top reasons couple decide to divorce. Now the phrase “we simply grew apart” is a lot more common among spouses who want to call it off. Growing apart may mean different things like the couple may be having rough years, the marriage is not interesting at all, or spouses have separate lives.

It’s Inevitable

Psychologists and family attorneys in Colorado Springs say growing apart is inevitable and it’s easy to happen, especially when both spouses have busy lives. Different situations, challenges, and life responsibilities are enough to pull spouses apart, and create some sort of disconnection. Others, of course, will try to encourage them to reconnect and work out the problems together.

The Painful Part

People will remind couples that marriage is not easy. They will also push them to try harder and convince them to stay for the sake of the kids. The sad part is, when a spouse wants out, the other cannot hold the other party hostage. It’s painful and devastating, but letting go and moving on can be the answer to stopping all the pain.

Harsh Realities

Fixing the marriage is always the ideal choice. Some may even argue that “growing apart” is not a heavy reason to give up on a relationship. The painful part about this reason, however, is that it could mean many things. It may indicate that one simply just had enough and cannot continue staying in a loveless marriage. It may also mean that love is gone and one spouse does not want to be married anymore. There are many painful realities.

The worst part about growing apart is that it does not usually happen to both spouses at the same time. It can happen to one party at first, which can slowly grow through time. When there is nothing left to do to save the marriage, going through the divorce process comes next. Both spouses will then need to move on separately.

Dealing with Divorce

The 4 Legal Mistakes to Avoid in a Divorce

Dealing with Divorce in ColoradoDivorce can be challenging, as it means you’re ending a lifelong commitment you made with your partner. You may be hurting, but you should still go through the process with a clear mind for you to fight for your rights. Don’t let your feelings prevent you from dealing with the legal process wisely. Here are some of the most common legal mistakes people do in a divorce and how you can prevent them.

Choosing the Wrong Divorce Process

There are different types of divorce processes — negotiation, mediation, and collaborative law. Before choosing which divorce process to go, you should take the time to know more about all types and weigh all your options.

Choosing the Wrong Divorce Lawyer

With many divorce lawyers today, ShayneLaw.com noted that it could be tricky to know which one you should hire and work with. To make the right decision, you should know more about the cases the divorce lawyer specializes. It should match your needs and your relationship with your spouse. For example, you can’t hire a soft-spoken lawyer if you and your spouse ended things on a bad note.

Starting Your Case Strong

If you start the divorce process by going offensive from the get-go, chances are your spouse will also do that and start a war. Next thing you know, both of you already spent thousands. What you should do instead is handle it as an adult and try to talk to your spouse first and negotiate. Fight back only as a last resort.

Lacking Full Financial Details

You can go through the divorce process without knowing the amount of money and debt you and your spouse have, but it isn’t ideal. It’s better to have a full account of your financial information when going through a divorce. This way, you will know how to resolve the case fairly.

Always remember these tips in case you need to go through the process of divorce. This way, you can fight for your rights in the best way possible.


Post-Divorce: Will the Court Allow You to Relocate with Your Child?

childWhen a custodial parent wishes to relocate, it could affect the strength and quality of the continued relationship of both parents with their child. The distance is an important deciding factor. Moving within the same city won’t be an issue, but moving out of the state or country can be a major concern.

Divorceattorneyinlongisland.com noted that Nassau County divorce lawyers could still help with issues that will arise after divorce. If you’re planning to move with your child, then take note of the following:

Do You Need Approval from the Court?

The court grants custody to the parent who has the best interests of the child. As physical custody includes the right to decide where the child will live, then they may allow you to move out as long as it will benefit the child. In some states, the opposite happens. The court may switch the custody to the non-custodial parent, so the environment of your child won’t change.

Regardless of the reason, you should prove that the move isn’t an attempt to separate your ex-partner from your child. Presenting a parenting plan may be necessary to explain how your child will keep in touch with the non-custodial parent.

Do You Need to Give an Early Notice?

This depends on the state, but most require giving an advance written notice a month or two before the day you’re going to move. The court will then give the non-custodial parent specific time to object to the move. If they don’t, then you can move as scheduled.

If they object, then the necessary proceedings have to take place. They need to present evidence that the move won’t do any good to your child. They may also request to modify the custody order by saying that you violated a court order. There’s no need to worry, however, if you have no ulterior motives.

Moving with your child after divorce can be complicated. If you know how the procedure goes in your state, then you could make your move faster.