4 Things You Should Know About Divorce

Divorce law is not as simple as some people think. Many people misunderstand the various aspects of divorce law. Below are some things you should know if you are thinking of divorce.

1. Adopted Children Have Equal Rights to Other Children

You should not (and the court will not) distinguish between your adopted children and other children. If yours is a blended family, you will continue to care for all the children after your divorce, except in extenuating circumstances.

Equal treatment means seeking child support, custody, and visitation rights for all children. The adopted child has the right to get financial assistance from both of you. Therefore, you should not fear that the divorce would separate you from your child just because of adoption.

However, the adopted child might feel out of place and guarded, especially if they are older and aware of whatever is happening. Reassure the child of your love and care for them just as you do with other children. Let the child know that the divorce has nothing to do with them, and they will still be your child.

2. Your Assets Are Not Really Yours

Don't assume that you will automatically keep your assets, and your partner will keep theirs after divorce. If you don't negotiate and agree on how to divide the assets, the court will use state laws to divide the assets between you. The asset distribution depends on the state laws and the type of assets.

In Idaho, courts categorize assets as either separate or marital assets. The separate assets are those:

• You acquired before marriage, if you haven’t comingled with your marital assets.
• You inherited, if you haven’t comingled with your marital assets.
• Gifts you have received (solely) from anyone.

All assets that are not separate assets are marital assets. For example, the sports car you bought from your side business income is a marital asset, and your spouse deserves a share of it.

Don't spend your money or assets during divorce for your individual needs, even if you believe they are yours. Otherwise, the court may accuse you of asset dissipation, and the accusations might reduce your share of asset distribution.

3. Sex and Romance During Divorce Can Complicate Things 

Having sexual or romantic relations while your divorce is pending can complicate the divorce. Complications can arise whether the object of your affection is your soon-to-be ex or another person.

Romantic or sexual relations with another person complicate issues in several ways. For example:

• Your current partner might see it as a sign of disrespect and decide to seek revenge. For example, your partner might decide to scuttle the divorce negotiations.
• Your children might frown upon your new love interest, especially if you expose the children to your new love interest. The effects of your romantic liaisons on the children can affect your child custody and visitation application.

On the other hand, sexual relations with your current spouse might send the wrong signals to them, especially if you initiated the divorce. Your partner might think you want to reconcile, which will only complicate matters if they realize you don't have such intentions.

4. You Don't Need Your Partner's Presence to Divorce Them

The best way to divorce is to negotiate your issues outside the courtroom. The next best way is to file your case in court and let the judge rule on your divorce after allowing each of you to present your cases. However, you do not need your spouse's presence, involvement, or permission to divorce them.

The court may grant you a default divorce if your partner is absent and you cannot locate them. You just need to:

• Show you have made diligent efforts to locate your spouse but failed
• Prove you have served your absent spouse the divorce via alternative methods, such as publication
• Wait a given period to see if your spouse will show up

The court will rule on your petition and grant your divorce in your partner's absence once the allotted time expires.

Careful planning and execution will give you an efficient divorce process and fair settlement. Contact Hart Law Offices, PC, for divorce consultation and enjoy our caring and professional services.