Divorce is a significant legal process, and some couples may delay filing for various reasons. However, postponing your divorce can have serious legal and financial consequences. In this post, we answer commonly searched questions about delaying divorce and how it can impact your future.
1. What happens if I stay legally married but live separately?
Even if you and your spouse live separately for years, you are still legally married. This means that any assets or debts acquired during your separation may still be considered marital property, subject to division in a future divorce.
2. Can my spouse claim ownership of property I acquire after separation?
Yes. In many states, including Texas, any property acquired during the marriage is presumed to be community property. If you purchase a home, a car, or any other significant asset after separation but before divorce, your spouse could have a legal claim to a portion of it.
3. How does delaying divorce affect child custody and support?
If you and your spouse have children together, remaining legally married can complicate custody arrangements. Additionally, if the wife has a child with another partner while still legally married, the law may presume that the husband is the legal father, potentially leading to child support obligations.
4. What are the financial risks of staying legally married?
Some key financial risks include:
– Retirement Benefits: Any retirement savings or pension funds accumulated during the marriage (even after separation) may still be considered community property.
– Debt Liability: If your spouse incurs debt after separation but before divorce, creditors may still consider it joint debt, depending on state laws.
– Spousal Inheritance Rights: If one spouse passes away before the divorce is finalized, the surviving spouse may have inheritance rights, regardless of estrangement.
5. Can I file for divorce if I don’t know where my spouse is?
Yes. If you are unable to locate your spouse, you may still file for divorce through a legal process known as “service by publication,” where a notice is published in a newspaper. However, this can be a more complex and time-consuming process.
6. Does delaying divorce affect my ability to remarry?
Absolutely. You cannot remarry until your divorce is finalized. Engaging in a new relationship while legally married could also have legal and financial repercussions, especially if disputes arise over property division or spousal support.
7. How can I move forward with my divorce efficiently?
If you and your spouse have been separated and know you will not reconcile, it is best to proceed with the divorce process as soon as possible. Seeking legal assistance can help streamline the process and protect your financial and parental rights.
Delaying your divorce can lead to unexpected financial and legal consequences. If you are considering divorce, it is wise to consult with an experienced attorney to ensure your rights and assets are protected.
If you have questions about the divorce process, feel free to contact BOSWELL LAW FIRM for guidance and legal support. We are here to help https://www.boswelltexaslaw.com/contact/
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Contact – BOSWELL LAW FIRM Houston Attorney Duana Boswell Boswell Law Firm contact form and office information including address, phone numbers, e-mail. 832-919-9565 hello@boswelltexaslaw.com www.boswelltexaslaw.com |
