This is a topic I've written about several times before in my blog. The patchwork of laws out there are proving very difficult for same sex married couples to get divorced. If you thought getting married for a gay couple was difficult, think again. Gay divorce is proving to be very difficult legally for many couples as I found when reading an article recently.
Many gay and lesbian couples are fighting for the right to divorce. Because most states, and the federal government, don't recognize gay marriages, many same-sex couples are left with no way to officially split. For states that do recognize gay marriage, gay divorce is still difficult because gay marriages aren't recognized by the federal government or the IRS.
The article gives the example of an out-of-state couple who goes to Massachusetts to marry, or a couple who lives in-state and then moves away. If they are out-of-state or move from the state after marriage, they can't divorce in Massachusetts because they'd have to be a resident for at least a year. And to further complicate the matter, if the couple's home state doesn't recognize gay marriage, they can't divorce there either.
Many couples who want to split are forced to wonder if remarriage would be considered polygamy, what the other party’s property claim would be, or how they will solve custody issues.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.
Author's Notes
Monday, April 9, 2012
Child Custody and Successful Co Parenting Tips
Many times in my practice when the parties are undergoing a child custody/ visitation dispute I often stress the importance of co-parenting. It may seem like a vague concept but for the parents they need to get used to the idea of sharing parenting responsibility even more now that they are going through a divorce.
For parents who are divorced or separated, it is extremely important to learn how to co-parent effectively. I’ve found an article that provides 5 steps to successful co-parenting. Co-parenting involves jointly parenting and cooperating with each other to ensure the most consistent life and choices for your children.
Below are the 5 steps to successful co-parenting offered by the article:
1. Don’t share your feelings about each other with the children. This tip is important because the children should not be a sounding board for you to vilify the other parent. It places the child in the middle of any disputes.
2. Maintain respect for your ex. They are your child’s other parent after all. The child benefits from the time they spend with the other parent no matter how minimal and small.
3. Keep the lines of communication open. Find a way for you to have respectful communication with the other person. For the kids sake, keep the communication lines open so you can successfully raise your children. There are many technological advances which can assist with communication if face to face is not an option.
4. Allow change and don’t worry if you get scared. It's ok to accept that change is happening and that it can be scary. Feeling scared simply signals the importance of what you and the other parent are undertaking.
5. Talk to and listen to your kids regarding their concerns of the parenting arrangement. Don't expect every detail to be figured out right away, but encourage your kids to share their concerns and questions with both of you.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.
Below are the 5 steps to successful co-parenting offered by the article:
1. Don’t share your feelings about each other with the children. This tip is important because the children should not be a sounding board for you to vilify the other parent. It places the child in the middle of any disputes.
2. Maintain respect for your ex. They are your child’s other parent after all. The child benefits from the time they spend with the other parent no matter how minimal and small.
3. Keep the lines of communication open. Find a way for you to have respectful communication with the other person. For the kids sake, keep the communication lines open so you can successfully raise your children. There are many technological advances which can assist with communication if face to face is not an option.
4. Allow change and don’t worry if you get scared. It's ok to accept that change is happening and that it can be scary. Feeling scared simply signals the importance of what you and the other parent are undertaking.
5. Talk to and listen to your kids regarding their concerns of the parenting arrangement. Don't expect every detail to be figured out right away, but encourage your kids to share their concerns and questions with both of you.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.
Children of Divorce and their Education
Parents have a difficult time getting their kids to do their homework in normal circumstances. When the children are undergoing a divorce their academics take an even more backseat in their lives.
Many children struggle with their studies, especially those children whose parents are currently in the process of divorce. I recently found an article which covers this topic.
According to the author of the article, she often finds that these students often say they weren’t able to do their homework because they left their book, instructions, etc. at the other parents home.
The author notes that there are many factors for why children of divorce are missing out on their education. She notes that in many cases, one of the parents may have been more involved in checking the child’s homework or making sure that the homework was getting done during the marriage. Now that the parents are divorcing the parents may want to be the fun parent and may want to not be the parent responsible for enforcing the homework. In my opinion, once living separately both parents should become equally responsible for making sure the child studies and does homework.
Below are some of the underlying issues that might be causing the behaviors, as provided by various family therapists and facilitators the author consulted with:
* The stress from the divorce may cause parents to pay less attention to academics.
* Individual time with the child becomes more limited when adhering to a custody schedule and often times parents begin to focus more on having “quality time” rather than fighting over homework.
* Nobody wants to be the “bad guy” so parents may become more lenient in hopes of easing the stress on the child.
* Kids often feel a lack of control during divorce so they may play one parent off the other.
It may seem hard or maybe unattainable, but once parents recognize what the issue is, they can begin to implement steps to implement the steps to more effectively manage academics.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.
According to the author of the article, she often finds that these students often say they weren’t able to do their homework because they left their book, instructions, etc. at the other parents home.
The author notes that there are many factors for why children of divorce are missing out on their education. She notes that in many cases, one of the parents may have been more involved in checking the child’s homework or making sure that the homework was getting done during the marriage. Now that the parents are divorcing the parents may want to be the fun parent and may want to not be the parent responsible for enforcing the homework. In my opinion, once living separately both parents should become equally responsible for making sure the child studies and does homework.
Below are some of the underlying issues that might be causing the behaviors, as provided by various family therapists and facilitators the author consulted with:
* The stress from the divorce may cause parents to pay less attention to academics.
* Individual time with the child becomes more limited when adhering to a custody schedule and often times parents begin to focus more on having “quality time” rather than fighting over homework.
* Nobody wants to be the “bad guy” so parents may become more lenient in hopes of easing the stress on the child.
* Kids often feel a lack of control during divorce so they may play one parent off the other.
It may seem hard or maybe unattainable, but once parents recognize what the issue is, they can begin to implement steps to implement the steps to more effectively manage academics.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.
Family Law / Divorce and Taxes
It’s tax season again! I thought it would be nice to briefly cover an article that talks about the effects of taxes on divorce.
Tax season is already a stressful time of year for many people and divorce only adds to the complexity. One of the first issues people face when they are separated, but not yet divorced, is their filing status. According to the article, for tax purposes, a person's status as of December 31 of the tax year determines their status. Those who are not divorced by December 31 must continue to either check “married filing jointly” or “married filing separately”.
One important tip that the article recommends is that, the parties should consider filing a joint return even if there is relationship strife. They will reap more tax benefits than they would filing married but separate.
There are many deductions and credits that are available to filing a joint return versus a separate return. If a couple are married filing separately, they are unable to take any education credits, take advantage of a deduction that working parents receive for child care costs, or deduct student loan interest.
Another important factor to consider is the current economy in some areas of the country. Many divorcing couples are forced to continue living together because they cannot afford to live on their own. But if separated couples do not live in the same home and have not lived together for at least six months, the spouse who has the children primarily living with them can file his or her income tax return as head of household.
Another common issue that comes up is determining which parent will get to use the children as exemptions. According to the article, no matter what the divorce decree says, if the non-custodial parent plans to use any of the children as exemptions, the custodial parent must provide the non-custodial parent a signed Form 8332 authorizing them to claim a child on their federal income taxes. In many cases, the parents alternate the years in which they claim the children as dependants.
Spousal support and child support can be another hot issue during the divorce process. It is important to know that child support is not tax deductible for the payer and is not taxable income for the parent receiving child support. But, spousal support is tax deductible for the payer and is treated as taxable income for the party receiving spousal support.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.Friday, December 2, 2011
Spousal Support Reform Coming Under Criticism
Everybody knows that spousal support is basically a monthly sum of money paid to a spouse by the higher earning spouse for a specific period of time. The amount of support is either agreed upon or based on the earning spouse's ability to pay and the needs of the non-earning spouse.
According to the article, due to changing times there are more wives and mothers who work. As a result many states have trimmed back on the amount and duration of spousal support payments. Some states have even developed a formula for the duration of the payments based on the length of the marriage. There are negative consequences to a one size fits all apporach to spousal support.
An article I found online outlines some interesting points regarding spousal support in Virginia.
1. Negative Impact on Stay-at-Home Moms
Each case is different and while guidelines provide much needed consistency, the needs of a parent and children are not the same for all cases. Mothers who have not had college education or careers in order to raise a family are highly affected by this. They may receive spousal support for a certain period of time and be forced to work with little to no experience.
2. Virginia Spousal Support
In Virginia, if spouses do not agree on specific support amounts and time lengths, the courts are empowered to determine the amount and duration of support based on a family’s circumstances. The following factors are considered: the financial needs, resources and assets of the spouses, the standard of living during the marriage, the length of the marriage, the spouses' earning capacity.
The thing to note is that spousal support in California has not fallen to a formula. Spousal support is a multi factor analysis that provides the court with discretion to analyze and hopefully determine based upon the specific needs of the individuals.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.
According to the article, due to changing times there are more wives and mothers who work. As a result many states have trimmed back on the amount and duration of spousal support payments. Some states have even developed a formula for the duration of the payments based on the length of the marriage. There are negative consequences to a one size fits all apporach to spousal support.
An article I found online outlines some interesting points regarding spousal support in Virginia.
1. Negative Impact on Stay-at-Home Moms
Each case is different and while guidelines provide much needed consistency, the needs of a parent and children are not the same for all cases. Mothers who have not had college education or careers in order to raise a family are highly affected by this. They may receive spousal support for a certain period of time and be forced to work with little to no experience.
2. Virginia Spousal Support
In Virginia, if spouses do not agree on specific support amounts and time lengths, the courts are empowered to determine the amount and duration of support based on a family’s circumstances. The following factors are considered: the financial needs, resources and assets of the spouses, the standard of living during the marriage, the length of the marriage, the spouses' earning capacity.
The thing to note is that spousal support in California has not fallen to a formula. Spousal support is a multi factor analysis that provides the court with discretion to analyze and hopefully determine based upon the specific needs of the individuals.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.
California Courts Open to Out of State Same Sex Divorces ?
According to a recent article out of state residents may be soon able to file for divorce in California. One of the legal obstacles facing same sex partners is the lack of access to courts to dissolve their relationship once the partnership ends.
Apparently in states like Texas, Oklahoma, Rhode Island judges have refused to grant divorces to lesbian or gay couples who went elsewhere to get married or have relocated with the reasoning that granting a divorce would constitute a form of official recognition of their marriage. Most of the couples were not asking a judge to grant them any property or support based upon their marriage, but just wanted to receive an order of dissolution.
The legal origin of these problems stems from what is referred to as the "domicile" rule, which means couples can only get divorced in the state in which they reside at the time of their break-up, regardless of where they lived when they got married. While this makes sense for heterosexual couples because they can receive a divorce in whatever state they live in, it doesn’t make sense for homosexual couples who can’t get divorced if they live in a state that won’t allow it.
California legislature has very recently passed a bill that can help couples who came to California in 2008 to get married, as well as those who marry in California in the future if Prop. 8 is repealed.
According to the article, starting on January 2012. If a couple got married in California but lives in a state that won't grant them a divorce, basically then California court will have jurisdiction to grant a dissolution. The divorce can proceed in the county where they got married.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.
Apparently in states like Texas, Oklahoma, Rhode Island judges have refused to grant divorces to lesbian or gay couples who went elsewhere to get married or have relocated with the reasoning that granting a divorce would constitute a form of official recognition of their marriage. Most of the couples were not asking a judge to grant them any property or support based upon their marriage, but just wanted to receive an order of dissolution.
The legal origin of these problems stems from what is referred to as the "domicile" rule, which means couples can only get divorced in the state in which they reside at the time of their break-up, regardless of where they lived when they got married. While this makes sense for heterosexual couples because they can receive a divorce in whatever state they live in, it doesn’t make sense for homosexual couples who can’t get divorced if they live in a state that won’t allow it.
California legislature has very recently passed a bill that can help couples who came to California in 2008 to get married, as well as those who marry in California in the future if Prop. 8 is repealed.
According to the article, starting on January 2012. If a couple got married in California but lives in a state that won't grant them a divorce, basically then California court will have jurisdiction to grant a dissolution. The divorce can proceed in the county where they got married.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.
Grandparents Visitation Rights
Recently, an article concerning the Connecticut Grandparents Visitation Rights Task Force began drafting legislation that will help grandparents gain more rights in Connecticut. The Task Force is comprised of representatives from the Aging, Judiciary and Children’s committees of the state Legislature, representatives from the Department of Children and Families, and included judges and lawyers who work in related fields.
The body of lawmakers and professionals met to hash out legislation to address the issue of grandparents and their rights to visit with grandchildren. The article states that when there is a stable marriage, often the grandparents have their time with their grandchildren. However due to modern strains of divorce and separation, grandparents are often left out after this family law event.
The article states that the members of the task force had difficulty determining whether the third party rights would be specifially attached to grandparents or would it cover relatives such as aunts and uncles or siblings. Currently, it is undecided at this time as to whether or not the task force will draft one piece of proposed legislation that covers all third party visitation or one that specifically addresses grandparents.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.
The body of lawmakers and professionals met to hash out legislation to address the issue of grandparents and their rights to visit with grandchildren. The article states that when there is a stable marriage, often the grandparents have their time with their grandchildren. However due to modern strains of divorce and separation, grandparents are often left out after this family law event.
The article states that the members of the task force had difficulty determining whether the third party rights would be specifially attached to grandparents or would it cover relatives such as aunts and uncles or siblings. Currently, it is undecided at this time as to whether or not the task force will draft one piece of proposed legislation that covers all third party visitation or one that specifically addresses grandparents.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.
Oklahoma Fatherhood Programs
A recent article I read concluded that Oklahoma needs more programs geared towards helping inexperienced fathers make support payments and generally preparing men for what comes with being a father. There are many unknowns one faces when becoming a father for the first time to an unmarried woman, or to being a father in the midst of a divorce.
The article stated that many men don't have the community support to learn to be good fathers (married or unmarried) and the state should have a fatherhood network to help men prepare for the emotional and financial stress of being a father. The article was quoted as stating that policy should be changed so fathers should be at poverty level before child support payments are determined.
Fatherhood does bring a lot of challenges when going through a family law event. However, that does not mean that Father's have no rights during a family law event. Father's under the laws have equal rights to the courts and equal rights to their children.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.
The article stated that many men don't have the community support to learn to be good fathers (married or unmarried) and the state should have a fatherhood network to help men prepare for the emotional and financial stress of being a father. The article was quoted as stating that policy should be changed so fathers should be at poverty level before child support payments are determined.
Fatherhood does bring a lot of challenges when going through a family law event. However, that does not mean that Father's have no rights during a family law event. Father's under the laws have equal rights to the courts and equal rights to their children.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.
Monday, October 31, 2011
Thoughts on Divorce Discovery Process and Trial Preparation
I thought it would be helpful to go over a digest version of the process of trial preparation and discovery for divorce. An article I found gives a helpful overview of the process for those who are considering hiring an attorney. Please note this is not specific legal advice for you and your case it is simply a legal process that some attorneys may take. Always seek legal advice prior to taking any legal actions.
In a contested case, after one spouse files for divorce, the process of discovery begins. Each side sends the other lists of questions called interrogatories, which have been drafted by attorneys and must be answered under oath. Interrogatories are composed of questions about finances, assets, pensions, and similar financial issues. Through their attorneys, the spouses can also ask each other to produce documents such as bank statements, credit-card bills, receipts, tax returns, paycheck stubs, etc. The attorneys will sort through the interrogatories and documents- and then if necessary, may further question the spouses in person under oath at what is called a deposition. A deposition takes place in the presence of a court reporter, who later transcribes what was said into a typewritten booklet.
Often the attorneys may be looking for hidden assets in order to determine how much money, earning power, and other assets each spouse has so that they can be divided.
Trial preparation efforts are important because the information that comes out at a trial depends very much on how well the lawyers understand and present the facts-both favorable and unfavorable-to the judge. Even the best case can be lost if the lawyer is unprepared, careless, incompetent, or otherwise ineffectual. Moreover, the best-prepared lawyer with the best case can also lose if the other lawyer is more effective or the judge is biased. Lastly, no matter how strong you believe your case is, there is often an element of surprise. There are no guarantees when it comes to litigation. Judges often see things very unpredictably.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.
In a contested case, after one spouse files for divorce, the process of discovery begins. Each side sends the other lists of questions called interrogatories, which have been drafted by attorneys and must be answered under oath. Interrogatories are composed of questions about finances, assets, pensions, and similar financial issues. Through their attorneys, the spouses can also ask each other to produce documents such as bank statements, credit-card bills, receipts, tax returns, paycheck stubs, etc. The attorneys will sort through the interrogatories and documents- and then if necessary, may further question the spouses in person under oath at what is called a deposition. A deposition takes place in the presence of a court reporter, who later transcribes what was said into a typewritten booklet.
Often the attorneys may be looking for hidden assets in order to determine how much money, earning power, and other assets each spouse has so that they can be divided.
Trial preparation efforts are important because the information that comes out at a trial depends very much on how well the lawyers understand and present the facts-both favorable and unfavorable-to the judge. Even the best case can be lost if the lawyer is unprepared, careless, incompetent, or otherwise ineffectual. Moreover, the best-prepared lawyer with the best case can also lose if the other lawyer is more effective or the judge is biased. Lastly, no matter how strong you believe your case is, there is often an element of surprise. There are no guarantees when it comes to litigation. Judges often see things very unpredictably.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.
Spousal Support / Alimony when Sharing a Residence
According to a recent article, The South Carolina Supreme Court has decided that couples seeking a divorce must live apart in order for one spouse to seek support.
In the great economic recession that the United States is under, it just makes it that much harder to obtain a divorce. Supporting two households is presently impossible for millions of Americans. This decision comes at a time when many couples in the process of divorce are choosing to live together due to their financial situation or lack of employment.
The article sites a case in which a woman was seeking support from her husband of thirty years while still living in the same home. Her request was denied because she was still living with her ex-husband. Many people simply do not have the funds to just set up their own household and for some; this is why they seek support.
In South Carolina couples seeking a no-fault divorce with neither party citing infidelity nor abuse must live apart for a year to seek support. In South Carolina it is believed that if the two people can live together, then there must be a relationship that to be salvaged. If one party moves out immediately, it is believed that they must really not be able to stand each other. Because of this, a physical separation for monetary support is now required. In a state such as this, it is very beneficial not to be financially dependent on the other person.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.
In the great economic recession that the United States is under, it just makes it that much harder to obtain a divorce. Supporting two households is presently impossible for millions of Americans. This decision comes at a time when many couples in the process of divorce are choosing to live together due to their financial situation or lack of employment.
The article sites a case in which a woman was seeking support from her husband of thirty years while still living in the same home. Her request was denied because she was still living with her ex-husband. Many people simply do not have the funds to just set up their own household and for some; this is why they seek support.
In South Carolina couples seeking a no-fault divorce with neither party citing infidelity nor abuse must live apart for a year to seek support. In South Carolina it is believed that if the two people can live together, then there must be a relationship that to be salvaged. If one party moves out immediately, it is believed that they must really not be able to stand each other. Because of this, a physical separation for monetary support is now required. In a state such as this, it is very beneficial not to be financially dependent on the other person.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.
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