Divorce Attorney

Divorce can be emotionally challenging time for you and your family. Anytime a relationship comes to an end, especially in a marriage, times can be difficult. The end of a marriage comes with many decisions about dividing your property, bills and how to share custody of your children and pets. When you face these kinds of decisions at the end of a relationship, it’s important to have a divorce lawyer you can trust.

1) How long do I have to wait to get divorced?

Generally, spouses must live separate and apart, continuously and without reconciliation, for certain time periods before they can get divorced.

The phrase “separate and apart” generally means living in two separate places rather than, for example, one person sleeping in the bedroom and the other in a guest room or on the couch in the same home. The phrase “continuously and without reconciliation” generally means that the spouses have not resumed their lives in common, that is to say, they have not gotten back together, even if it only lasted for a very short period of time. Physical intimacy does not necessarily mean that there has been a reconciliation, but it may be a factor that will be considered when determining whether or not there has been a reconciliation. In such a case, whether or not there has been a reconciliation will be highly dependent on the particular facts of your case and you should consult with an attorney as soon as possible.

If a married couple has at least one child together under age eighteen, the period of time they must live separate and apart is one year. If a married couple has no children together, or they are all over age eighteen, then they only need to live separate and apart for six months. Only children born/adopted by both spouses are considered for this. No stepchildren will be considered, even if the stepparent has been parenting the stepchild from a very young age.

Either a husband or wife may file for divorce at any time. After six months or one year, either spouse may file to complete the divorce process, regardless of who filed first. Instead, the spouses may wait the entire six months or one year first, and only then file for divorce and obtain the divorce without having to wait further. (So file first then wait, or wait first then file.) While the divorce itself can be obtained either way, which method is chosen can have major consequences in other areas of your case (especially for spousal support and partition of community property) and may have serious effects on you even years later. It is very important that you consult with an attorney about the particular facts of your case to determine what may be most beneficial to you.

2) Can I get divorced immediately? Can I get an immediate divorce if my husband or wife cheated on me? Can I get a divorce right away if my spouse committed adultery? Can I get a divorce immediately if my husband abused me? Can I get divorced right away if my spouse abused my child? Do I have to wait to get divorced if my spouse was convicted of a felony?

A husband or wife may get an immediate divorce, without having to first live separate and apart for six months or a year, under certain circumstances such as the other spouse committing adultery, being convicted or a felony and being sentenced to death or imprisonment at hard labor, or committing physical or sexual abuse of the other spouse or committing physical or sexual abuse of the child of either spouse. If there has been physical or sexual abuse regarding you or your child, you should strongly consider obtaining a protective order to help prevent further abuse.

However, even if an immediate divorce may be possible, it may not be in your best interest to do so depending on the facts of your particular case. There may be some advantages for you in obtaining a no-fault divorce depending on the situation. Unless there is a need for an immediate divorce, it may be much more cost effective to obtain a no-fault divorce. These matters are very specific to the facts of each individual case and you should consult with an attorney before making a decision.

3) Who gets to live in the family home when we separate? Can I make my spouse move out? Can I stop my spouse from coming back to the house? If I file for divorce, will I have to move out? Do I have to move out to get divorced? What happens with my house in a divorce when I bought it before marriage? Who gets to stay in the house during divorce process when it is separate property? What happens to my car or my stuff during a divorce? Can my husband or wife take my car or my stuff and refuse to give it back? What happens if my car or truck is in my husband’s name or my wife’s name?

A spouse may request and may be granted the exclusive use of the family home during the divorce process. In some circumstances, a spouse may be granted the exclusive use of the former family home during the divorce process even if that house is the sole or separate property of the other spouse.

If a husband or wife is granted the exclusive use and occupancy of the former family home and the parties are both still living in the house, the order granting one spouse the use of the house will require the other spouse to move out. This order will also generally allow the spouse with the exclusive use and occupancy of the house to change the locks or forbid the other spouse from coming on to the property, even though that spouse does still own one-half of the house.

A spouse may also request the exclusive use and possession of any __________community moveable property, including a motor vehicle. If a husband or wife is granted the exclusive use and possession of any __________community moveable property, then that spouse will be allowed to use the item and to prevent the other spouse from using it or taking it, even if he or she owns half of it. The fact that a ____________community vehicle is titled in the name of the other spouse will not prevent you from obtaining the exclusive use of it during the divorce process.

There may also be claims for reimbursement to one or both spouses regarding the exclusive use of the home or vehicle or the payments for the home or vehicle. As with all legal matters, the outcome depends on the particular facts of each case and you should consult with an attorney about your case as soon as possible. Failing to act in a timely manner and failing to take proper action in a legal fashion may have serious negative effects on you and/or any claim you may have.

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