Divorces are complicated enough and most of them end mutually without any blame on either spouse’s part. There are vindictive spouses who want to obtain the prime position of taking possession of anything they want in the seeds of divorce. Their main goal is to make their future ex-spouse suffer. They will try to put fault on their spouse, to do this claiming abuse in some circumstances, to give them the upper hand. If the couple has children the spouse playing victim will try to turn the kids against the other spouse. They might use bribery on younger children to get them to play favorites. A spouse can be held accountable and at fault in divorce proceedings if they abuse alcohol. They don’t have to abusive just a drunk. With a few DWI convictions under their belt they can really be hung out to dry. Spiteful spouse’s who go to great lengths to prove the other is abusive, even if they’re not, can get a restraining order and possible occupancy of the home until everything is settled and the divorce is finalized. Breaking the restraint can put the offending spouse in jail.
Restraints can also be put on joint bank accounts, safe-deposit boxes or property that one spouse feels the other might attempt to take, spend, remove or sale. Anyone that can give a spouse an unfair advantage over assets, for instance a banker, can be placed under a restraining order to.
Any state that is a community property state, such as Texas, entitles each spouse half of everything that over the course of the marriage was acquired. Any debt obtained while married is to be split equally between spouses. If a spouse moved into their partner’s house going into the marriage and actually did not have their name on the title they cannot claim half of the house in the divorce.
Non-community states, give judges the power to decide who gets what when a marriage ends. Usually excluding inherited properties, gifts and what belonged to a spouse going into the marriage. Otherwise they follow guidelines that can allow one spouse to walk away with more than the other one.
Here are some of the guidelines the judge looks at.
How long did the marriage last?
What are the age, health, and potential income of the spouses, individually?
Did one spouse put more money into assets, house payments, car payments etc., while one was more the homemaker, taking care of the kids, etc.?
What will the parental guardian of the children need?
Are there savings accounts, bonds, stocks and other finances?
To get a jump on what you have make an inventory. Knick-knacks, jewelry, chairs, stereos, computers, cars, etc. should all be listed. Titles to the house and cars along with insurance policies, pensions, income tax returns, bank statements, and any other financial records should be compiled.
The spouse with custody of the children usually gets the house and is rewarded child support. If no children are involved a spouse can scream alimony if they can prove they make substantially less and need alimony to get on their feet.