The "Non-Divorce" Divorce

This past week, typically mindless commentary during a popular morning talk show caught my attention . . .The host claimed there is a new phenomenon in which a married couple remains together, in almost every sense of the word, despite the fact that both desire a divorce. He referred to it as the “non-divorce” divorce.

This past week, typically mindless commentary during a popular morning talk show caught my attention. All of a sudden amidst my morning routine, I heard words and phrases like "solution" and "cost-effective" and "best interests of the children" and… "divorce." The host claimed there is a new phenomenon in which a married couple remains together, in almost every sense of the word, despite the fact that both desire a divorce. He referred to it as the "non-divorce" divorce. Supposedly, this trend is gaining popularity as the solution to a failed marriage.

The "non-divorce" divorce is a mutual verbal agreement between two married individuals who want to keep their marriage in tact, but fully accept that the relationship is over. The goal is to feel divorced while continuing to live together and not get a divorce. In other words, the couple does not want to go through the divorce process, but they don't want to reconcile either. They don't want to hire attorneys, file papers, argue over custody or support, lessen the time their children see either of them, or lose one-half of their financial assets. So, they decide to remain as if they are married. They live in the same family home as roommates, participate in their children's lives as they had before they wanted a divorce, and maintain/preserve the marital estate.

Of course, most couples who attempt the "non-divorce" divorce are those who have children and/or those that have been married a considerable period of time and do not feel it is beneficial to disrupt the community on an emotional or financial level. Or at least they feel that the costs of a divorce clearly overshadow the costs of remaining together-even when there is no love left.

I cannot speak to the negative psychological effects that could result from this "solution." However, I can certainly speak to the negative legal effects and problems that could arise.

First, if you never decide to separate in family law terms (that is, one party making a conscious decision that the marriage is irrevocably over and communicating the intention to end the marriage), there is never a date of separation. The "date of separation" is important in family law because it marks the end of the community. From that date there is no longer a collection of community assets or community debts-instead, a spouse's separate property and debts begin to accumulate, as they did before marriage. Your spouse will continue to be entitled to one-half of all of your property and you will be liable for one-half of your spouse's debt. Therefore, if you are both managing your finances separately without full disclosure and mutual agreement, you could be adversely affected. What's more, your spouse will continue to be entitled to all benefits they were when you were happily married, including possible rights to the family home, life insurance, devises/gifts from a will or trust, and health insurance, to name a few.

The determination of a long term marriage (which can yield indefinite spousal support) is also associated with the date of separation. For example, if your marriage is eight years in duration, and you attempt a non-divorce for 3 years, followed by a real dissolution, the court's characterization of the marriage as long term will probably be contested and require substantial litigation.

Living as financially independent roommates could also present a problem with expenses. Unless you agree to distribute both of your respective incomes in a way that benefits the community, one spouse may not have enough to support his or her lifestyle. Regardless, if you are still residing in the family home with your spouse, the courts will not grant any spousal or child support. Since you have avoided going to the courts entirely, a support award is virtually impossible anyway.)

In the same way, no child custody or visitation orders will ever be established. This means that after attempting the "non-divorce" divorce for a year or so, and after resorting to the real thing, a parent may have a hard time making a case that he or she should be the primary custodian. This is because even if one parent is the primary caregiver during the non-divorce, this fact will be hard to establish if both parents were living in the same home all the while.

For the aforementioned reasons, the non-divorce presents significant legal problems. Spouses who try this "solution" cannot be guaranteed that one spouse will not attempt to obtain a legal divorce down the road. If this occurs, a spouse will not be afforded some of the protections that a traditional divorce provides. In order to ensure that you make an educated decision, you should speak to an attorney who specializes in family law matters. He or she can point you to two potential solutions-a post-nuptial agreement or a legal separation. Both options will cost some amount of fees and time in mundane paperwork, but will allow you to live whatever lifestyle you want with protection and peace of mind.

About the Author:
Kayla Boucher, c/o Law Offices of Donald P. Schweitzer, 201 South Lake Avenue, Suite 700, Pasadena, California, 91101, 626-683-8113 http://www.PasadenaLawOffice.com
Article Submitted On: March 19, 2007
Article Source: ArticlesFactory.com

Child Custody and Bellevue Family Law

Almost every parent facing divorce considers child custody as the most important issue. Many troubling questions arise: with whom will the children live, how much will they visit with the other parent, and if I am not the residential parent do I lose my parental rights? Bellevue family law cases, governed by Washington State family law, apply a standard of “best interests of the child” to determine custody. Absent a showing that one parent is unfit; the residential schedule for the children after divorce will be what is in the children’s best interest. While this standard sounds vague, keep in mind that since families are each unique, the law has to be flexible enough to be effective. Bellevue family law attorneys specialize in litigating the meaning of this very important standard.

Another thing to keep in mind is that generally the most effective parenting plans are those in which the parties agree to the terms themselves. By effective I mean here that the parties abide by it and it works little hardship on the children so that they are able to thrive. Bellevue Family Law lawyers work hard to understand the special circumstances of their client’s case in order to facilitate agreements. While it may seem difficult if not impossible to openly negotiate with someone you have decided to divorce, the best interests of your children may be at stake. In any event, Bellevue family law requires, by King County family law rule, that the parties attempt mediation of all divorce cases. This shows just how much weight the courts give to the mediation process.

The Bellevue Family Law attorneys at McKinley Irvin are all in favor of negotiation. Child custody cases are emotional and personally detailed matters, and communication between the parties in the dispute is always positive. However, not all Bellevue family law attorneys work this way. Some custody disputes become hotly litigated, and when this happens, we have the experience and resources to litigate with the best of them. Whether your Bellevue family law case involves child custody, spousal maintenance, property division, or child support, the Bellevue Family Law lawyers at McKinley Irvin are highly experienced and effective. We approach all our cases with the intensity and respect family law clients deserve, and we encourage a communicative approach when possible.

About the Author:
Susant Kumar
The author is a Bellevue Family Law student. Please visit mckinleyirvin.com for more details.
Article Source: Articles4Free.com

How to Get a Divorce in Utah

A judge grants a divorce after your divorce form is submitted to the court, and all required appearances before the judge are completed. In uncontested divorce cases often times you do not even have to physically appear in front of court to get a divorce.

In Utah you may file the forms yourself, or obtain a lawyer's assistance. You could also seek help from Utah's "Online Court Assistance Program" if you and your spouse have less than six children, and you and your spouse's combined income has to be under $10,100 per month. FAQWhat is an annulment? When the court declares an annulment, it’s declaring that the couple was never married because the marriage is void under Utah law, or the marriage resulted in fraud. Utah law does not recognize marriages involving incest, where one spouse has a previous undivorced spouse, and where the person performing your ceremony is unauthorized to do so. Generally courts refuse to annul a marriage if children were born during the marriage.

What is legal separation? Legal separation is when the parties live separately, but remains legally married to one another, it’s not a divorce. The couples rights and legal duties to one another are defined in a "Decree of Legal Separation". A Decree of Legal Separation covers matters such as spousal support, child support, division of property and payment of debts.

Can the same lawyer represent both my spouse and me? No. This is because there is almost always conflict of interest between spouses, which prevents the attorney from properly representing both sides.

How is property divided? Regardless of the income source, Utah laws recognize that both spouses contributed to any property acquired during the time married. Utah requires an "equitable" division of property but not necessarily equal. The division or property usually uses these factors; how long the marriage lasted, the age and health of all parties, their occupations, the amounts and sources of income, and also related issues/matters. It doesn't matter whose name is on the house, the car, or even boat the courts have the power to divide all property owned by either or both spouses. The judge will consider if the parties divided their property by agreement, and he’ll review it to decide if it’s fair. Just remember the property division cannot be reopened after its final, except under very rare, limited circumstances.

About the Author:
David Fagan
This article was brought to you by Legal Forms Bank .Biz which provides Legal Forms Online specific to your state. Download your state's Uncontested Divorce Form with instructions which make it simple to do your own Uncontested Divorce.
Submitted: April 6, 2007
Article Source: ArticlesFactory.com