Here’s how it works
There are two types of divorce to consider: “limited” and “absolute”. Understanding the difference between the two can help you navigate the divorce process.
A “limited divorce” is also known as a legal separation. Limited divorce allows people to live separate and apart as if they are unmarried yet allows them the marital benefits of jointly filing tax returns, remaining on a spouse’s health insurance, and retaining other marital rights that would otherwise be terminated in an absolute divorce. Commonly, people choose to file for a limited divorce to get the process started or to allow for an opportunity to reconcile if they’re not completely ready to sever the marriage relationship.
Absolute divorce is a complete and final dissolution of the actual marriage. All issues, such as custody arrangements, division of property issues, child and spousal support, are typically resolved or determined during the divorce process. Before the court can grant a divorce, individuals must prove elements of the grounds for an absolute divorce. These grounds include 12-month separation, mutual consent, adultery, cruel treatment, a conviction of a felony (with a minimum one-year sentence), and insanity.
While emotionally charged, reaching an agreement between spouses outside of court isn’t out of the question. Spouses may decide to explore alternative dispute resolution options to foster a more amicable divorce. Collaborative divorce has both sides working cooperatively together to achieve an agreed settlement. Mediation is a series of meetings led by a neutral third party—facilitating discussions that allow parties to reach their own resolution.
Which type of divorce is best for you depends on your goals. Our experienced divorce attorneys will help you discover which path is right for you. Schedule a time to speak with us about your options.
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If both spouses’ work and incomes are similar, the court is unlikely to award alimony. However, there are at least 12 factors that the court is required to consider for a fair and equitable alimony award. The court has the authority to determine the amount and duration of an alimony award, either for a set period or indefinitely. The amount and duration of an alimony award may also be modifiable. A dependent spouse may be able to receive alimony shortly after the case is started and while the case is still pending. Alimony may end if the recipient remarries, or the payor dies.
What is temporary spousal support?
While the divorce is pending, a dependent spouse may have the right to receive temporary spousal support. Those eligible for temporary support can receive it from the date of filing. A dependent spouse does not need to wait for a final divorce settlement to receive temporary support.
Yes, there are many ways to lose your house in the divorce process including foreclosure or a court-ordered sale of the home. But there are ways to protect your house in the divorce process either temporarily through a use and possession order or permanently through a buyout of the other party’s interest in the home. The house may also be excluded from the divorce if the house is completely pre-marital or was obtained as an inheritance. However, there are exceptions to many of these rules, and it is important to work with an experienced family law attorney to determine your options in protecting the house from the divorce.
You need an attorney willing to work closely to negotiate complex property division agreements. Our successful track record can achieve what’s fair for our clients. Our attorneys are experienced professionals at getting reasonable resolutions – if we can’t reach an agreed solution, we’re prepared to battle it out in court.
HERE’S A QUICK SUMMARY
Blattner Family Law Group is here to make a tough situation a little easier. You don’t have to go at it alone.
There are two types of divorce available – limited and absolute.
Blattner Family Law Group can help you determine which option suits your unique situation.
Navigating a divorce can be painstaking.
Having someone in your corner to listen, guide, and support you is invaluable. A lawyer can help you unpack complex decisions from an objective view.
It’s always better to work cooperatively through a divorce instead of a trial.
Not only are trials expensive, but both parties also lose decision-making. An attorney can help you collaborate without sacrificing what’s most important.
GET AN ATTORNEY WHO WINS DIVORCE CASES
Contact Blattner Family Law Group, LLC for a free consultation if you’re considering divorce. We remove the fear and anxiety attached to divorce, one step at a time.