Have you ever before bought a aquarium for an in-home aquarium tank, the thought probably never surpassed your brain that one day you may have to partition up your fish in a fair and equitable manner, or at the very least retain a custodianship and visitation schedule for your beloved new pets. Crazy as if it may seem to bicker over something as limited as a container of fish, it is not as unusual as you may think. Unfortunately for the health of the fish, being transported around even to another location a few times a year is a stressful event on to itself, but that is another story altogether!
Dog and cat visitation schedules, compromises regarding which party is to take care of the pet helath insurance and/or the costs associated with transfer petition veterinary visits and care, and of course the aquarium scenario are all situations that the divorce court has seen when it comes to divorcing spouses and their ideas on what to partition up their significant other property.
Community property laws clearly claim that any items acquired by either spouse throughout their marriage belong to both parties and are therefore susceptible to division during the divorce process.
In a situation where the spouses are not able to come to a property division agreement on their own, the laws for community property will step up to determine which spouse receives what item. Yet, there is one caveat to the property division process — do the spouses live in what is called a “community property state, inch or an “equitable distribution state? inch A residential area property state (such as California) requires an automatic fifty/fifty division of significant other property between the spouses.
On the other hand, an equitable distribution state (such as Texas) is not required to follow the fifty/fifty law and instead will partition the significant other property according to other factors. For example, a stay-at-home mother may be honored more than half of the couple’s community property as compensation for having to now type in the employees as a potentially lower salary earner.
The most popular divorce request to ever come across my view was one that belonged to a stay-at-home woman whoever sole aim was to give a punishment her husband for his adultery. And the flexibility of property division in an equitable distribution state is most likely why the judge didn’t question the contents of said request.
It was explained in this couple’s significant other settlement agreement that they would each keep a “portion” of their current real estate dwelling, as neither of them could pay the exorbitant costs of selling the house and then looking for somewhere new to reside after the divorce. It was fairly obvious that in this divorce, at least 18 had the top of hand and would do as much as she could to humiliate her husband to go back the favor for his straying behavior. The spouses’ request read as follows:
The Couple agree that they’re going to each retain a portion of their real estate property. The Wife will live mainly house, while the Husband believes to reside in in the garage where he will receive only the following: one plate, one drinking glass, one table spoon, one bowl, one derive, one chef’s knife, one dish towel, one cloth napkin from the wedding collection, one rubbish can and one Hefty bag to go with it, one air bed to sleep on, one top linen and one bottom linen, one bed sheets and one pillowcase, one umbrella, and absolutely nothing more. The Wife will receive all the other significant other property.
Hard as it was for me to think that a break up could escalate to so nasty and petty a straight, it was even more complicated to comprehend that a divorce judge sitting behind the counter would rightfully allow this divorce case to successfully make its way through the family court system and grant the asks of the spouses.
Curiously enough, upon checking this divorce case later down the road, to my ful shock I discovered that the judge who had seen this couple’s request input it through with no problems; and, I was now stuck with the knowledge that the cheating spouse was living in a garage with only one of each necessary living item. It minted me then that this scenario was to some extent due to my having to prepare the divorce order in the first place; then again the couple got exactly what they wanted, leaving this as you to put down for the uncontested divorce record books.