Family Law Blog

Moving Out During Divorce Doesn't Extinguish Homeownership Rights

Thursday, August 23, 2018

Man and woman arguing at home

Often one of the first steps of couples heading towards divorce is one party moving out of the shared home. Even if it is just separation, many find it easier to have a little space to think. So one party of a marriage may move in with relatives or find new housing altogether. However, it is important to remember that moving out of your home does not relinquish your homeownership rights.

Homeownership Rights

One of the most important considerations is that moving out of the home does not negate any lending agreements. If you agree beforehand that your spouse will take over payments, then that is one thing. However, if no agreement is made and you just stop paying because you think you are off the hook, then this can be a detriment to you if your name is on the mortgage. In fact, you will need to continue paying until the home is either sold or refinanced. Often this can help speed up a person's decision to divorce since it feels bad paying for a home you are not actually living in.

Furthermore, even if you move out of the home, if your name is still on the title of the home, you maintain the right to move back in if necessary. Often spouses heading for divorce are in a high emotion situation, so it is better to have space. However, if you cannot find a place to stay, your house is still very much your house until the divorce is finalized.

If you are getting a divorce, it is important to know your rights and responsibilities in the matter. You are still required to pay your mortgage, but you still have the right to live in your home. If you are heading for divorce and need help sorting out other rights and responsibilities as well as representation in the process, contact us today.

6 Tips for Your First Meeting With a Divorce Attorney

Friday, August 10, 2018

Meeting with a divorce attorney for the first time? You are taking a major step, and it is important to be properly prepared. Here are five tips for meeting with your divorce lawyer for the first time.

divorce attorney

Know What to Bring 

Ask the lawyer which documents you need to bring along. You might need to bring various tax documents and other legal documents. Make sure you bring all of them so that the lawyer can be properly prepared going forward.

Prepare a List of Questions

Write down any questions that you may have so that you are prepared for the meeting. If a question pops into your head, write it down. This way, you won't leave anything out by mistake.

Be Honest

The lawyer is going to ask you various questions about your marriage, your history together, and so on. Be honest. There is nothing to be ashamed of; divorce lawyers are prepared for every scenario. Not leaving anything out means that your lawyer will be able to handle your case properly.

Coordinate With Your Spouse

If you are going to the meeting together with your spouse, make sure that you are working together. You may not be on the best of terms, but coordinating and working together will ensure that the entire divorce process goes as smoothly as possible without any hiccups. Of course, don't bring your kids to the meeting; it's totally unnecessary. 

Take Notes

Take notes during your meeting. You are going to be covering a lot of topics, and some of them may be new to you. 

Give Yourself Enough Time

Get to the meeting early so that you have enough time. You want to make sure that you can cover all aspects of the divorce process and not leave anything out.

Contact us today for more information. 

5 Tips for Making the Divorce Process Smoother

Friday, August 03, 2018

divorce papers

Going through a divorce is a harrowing process. There will always be tough times to get through. Here are a few tips for making the process easier.

Rediscover Yourself

After living with someone for so long, your identity becomes intertwined with that individual. When you break up with that person, you feel like you are losing your identity. That is why breakups and divorces can be so depressing. After a divorce, start rediscovering the person who you always were before you got married. Discover your passions, take up some new hobbies, and start enjoying yourself while you are alone.

Have a Support System

It is important to have a support system for when going through a breakup. You need all the emotional support you can get. Have a close family member or friend who you can talk to and who will not judge you. If necessary, go to a therapist who is trained in divorces and who can help you feel better.

Don't Get Bitter

It's easy to get extremely bitter after a divorce. Many people feel extreme emotions of hurt, anger, bitterness, and the desire for revenge. However, try to avoid getting into bitter arguments with your ex. Keep things civil, don't be vengeful, and avoid escalating things unnecessarily.

Focus On the Kids

Always focus on what is best for the kids instead of how you can get revenge on your ex. Have the kids' best interests in mind. Try to maintain as much of a connection with them as you can.

Get Legal Help

You also need to get a good divorce lawyer who can help you navigate the process. Divorces are extremely complex from a legal point of view, and you need someone who will be able to help you out in your specific situation. Having a good attorney means that the entire process will be so much smoother. Contact us today for help.