Archive for the ‘divorce law’ Category

posted by admin on Mar 1

The rate of divorce has increased many fold over the years. Most educated couples believe that it is better to have divorced than endure a broken marriage. A divorce is always a very difficult and serious decision for any couple. Irrespective of the time that they have spent in matrimony, divorce can be tough proposition. Not only does it tax the concerned parties mentally and economically but there are other important issues like child custody, property share and alimony to be settled.

Child support is an important issue in a divorce case. The laws across the various states of the USA are more or less uniform on this. There are various child support programs and funding by the state.  Most follow the Family Support Act of 1988 to the core. The main tenet of this law is that the interest of the child will prevail over all other’s interest. Payment for child support is calculated on the basic of three formulas. The first is Income Shares. This is the most used formula where an estimate of the total amount required for raising a child properly is calculated. Both parents income is then calculated and a certain percentage is fixed for the child fund. The second method is called Percentage of Obligor Income. This is based on the non custodian’s income. The third method is known as Delaware-Melson method. The child support amount that you determine may not be the same amount that the Family Court will order.  The child support order may be much higher or much lower, because the Family Court makes the final decision as to what income figures should be used in the calculation based upon the facts presented at the hearing. Some states like Massachusetts use a hybrid of all these methods. The primary  purpose of these laws is to make sure that the child receives the best education and lifestyle, often described as “in the best interest of the child”.

Alimony issues also play an important role during a divorce. This refers to the amount that is paid by one ex-spouse to the other. Some also call this maintenance law or spouse support. Initially courts had a tendency of deciding on the alimony amount directly proportional to the number of year stayed together. But recently the trend is shifting. Now limited duration marriages draw maximum alimony. A spouse who is economically at a disadvantage receives this amount. Alimony is also more common in cases where one parent desires to stay home to care for the children for a period of time.

Divorce Recovery Suite is an on-line community-based organization which provides information and help that an individual requires prior to divorce and after it. Their comprehensive site includes divorce laws, child support and custody, legal separations, child visitation rights, divorce settlements, grounds for divorce, infomation on separation agreements, definitions of adultery, recovery from divorce, child welfare after divorce and a chat room that provides a compassionate community to visitors who are undergoing this uncomfortable process.

The visitors to the site can get exposure to state specific divorce laws and regulations, simple interpretation of the complex laws, live video chat room where people can share their experiences and problems. Visitors are encouraged to share their issues.  You also get access to a country wide list of divorce and separation attorneys, counselors, physical and spiritual healing methods, father’s and grandparents’ rights and solutions to issues of parental alienation. They have regular updated information on the site. Divorce Recovery Suite provides a large library filled with divorce articles.

posted by admin on Feb 28

Nobody goes into a marriage looking at the reality of divorce a few years down the road, but it happens with many marriages these days. The first thing you need to do is make sure that both you and your spouse have agreed that divorce is your best option. In some states, divorce law mandates that both of you attend marital counseling sessions before divorce proceedings can start, so be aware of the requirements in your state.

If both you and your spouse agree that divorce is your best option, and that marital counseling is just going to delay the inevitable, then you may be a candidate for what is known as an uncontested divorce. Are any and virtually all assets that you jointly own able to be easily divided, where you and your spouse can mutually agree on how to divide them? If so, then an uncontested divorce might be your easiest option and your most cost effective option.

But one of the things that you must make sure you fully understand is the divorce is final. It is not like a trial separation where a couple separates for awhile to understand how life works for them without the other one around. Sure, you can change your mind before the proceedings are finalized, but that is going to cost you even more money, not to mention the personal time you will have used to get to this point.

The other thing you need to fully understand is exactly what is meant by the term uncontested divorce. Generally speaking, it means that both parties agree that a divorce is their best option and nothing will be argued about, either in terms of the divorce itself or in the division of assets. Typically, a couple who is doing an uncontested divorce may have already split their assets and may not even be living together, so the divorce for them is almost just a formality.

Should you do it yourself or consult with a divorce lawyer? A lot of the answer to that question is how far you trust your spouse. If it is truly uncontested and you are 100% confident that no skeletons will jump out of the closet during the proceedings, then you can probably do it yourself and save some money. But if you do not have that level of confidence, even though on the surface it would seem that the divorce would be uncontested, you may want to protect yourself by consulting with a divorce lawyer first.

A good divorce lawyer may be just a consultation or two, where the lawyer lets you know what your rights are and what you can expect. If you truly expect the divorce NOT to be uncontested, you may want to consider actually hiring the lawyer to be with you every step of the way. While the latter option is of course going to cost you more, consider how much more it may cost you if your spouse pulls a rabbit out of the hat during the proceedings, where you are not prepared for something which is going to definitely turn out to NOT be an uncontested divorce. This is a judgment call on your part, but especially in financial terms, it may be better to err on the side of caution to ensure that you do not get hosed in the process.

If you do use a lawyer, do your research carefully. Make sure that the lawyer you choose is familiar with divorce law in your state, and has experience with what was expected to be an uncontested divorce and actually turns into something else. Every situation is different, so be cautious of divorce lawyers who suggest a cookie-cutter approach.

Since you are considering divorce, things have not been good up to this point. Make sure that you do everything you can to make your divorce go smoothly and allow yourself to restart your life on the right foot.

posted by admin on Feb 17

Child support is an important issue in a divorce case. The laws across the various states of USA are more or less uniform on this. There are various child support programs and funding by the state. Most follow the Family Support Act of 1988 to the core. The main tenet of this law is that the interest of the child will prevail over all other’s interest. Payment for child support is calculated on the basic of three formulas. The first is Income Shares. This is the most used formula where an estimate of the total amount required for raising a child properly is calculated. Both parents income is then calculated and a percentage is fixed for the child’s benefit. The second method is called Percentage of Obligor Income. This is based on the non custodian’s income. The third method is known as Delaware-Melson method. This allows the clause of ability to pay in the process. Some states like Massachusetts use a hybrid of all these methods. The main purpose of all these laws is to make sure that the child receives the best education and lifestyle.

The rate of divorce has increased many fold over the years. Most informed couples believe that it is better to have divorced than to endure a broken marriage. A divorce is always a very difficult and serious decision for any couple. Irrespective of the time that they have spent in matrimony, divorce can be tough proposition. Not only does it tax the concerned parties mentally and economically but there are other important issues like child custody, property share and alimony to be settled.

Alimony issues also play an important role during a divorce. This refers to the amount that is paid by one ex-spouse to the other. Some also call this maintenance law or spouse support. Historically courts had a tendency of deciding on the alimony amount directly proportional to the number of year stayed together. But recently the trend is shifting. Now limited duration marriages draw maximum alimony. A spouse who is economically at a disadvantage receives this amount. Alimony is also more common in cases where one parent desires to stay home to care for the children for a period of time.

Divorce Recovery Suite is an on-line community-based organization which provides support and information that an visitor may require prior to divorce and after it. Their comprehensive site includes divorce laws, child support and custody, information on legal separations, child visitation rights, divorce settlements, grounds for divorce, separation agreements, definitions of adultery, recovery from divorce, child welfare after divorce and a chat room that provides a passionate help to all the couples who are undergoing this uncomfortable process.

The visitors to the site can also get hold of state specific divorce laws and regulations, simple interpretation of the complex laws, live video and text chat room where people can share their experiences and problems. Visitors are encouraged to listen to others problems and provide solutions to those problems. You also get access to a country wide list of divorce and separation attorneys, counselors, physical and spiritual healing methods, father’s and grandparents’ rights and solutions to issues of parental alienation. They have regular updated information on the site.

posted by admin on Feb 5

Choosing a lawyer is like choosing a doctor. You want to find someone who works well with your personality and legal needs. Just because someone is a good lawyer doesn’t mean he or she is the lawyer for you. When you’re looking for a divorce lawyer, keep these tips in mind:

1. Check out the lawyer’s personality.

If the attorney is too vehement or impatient, it might not bode well for you or do you too much good. A divorce is stressful; you’ll want a lawyer that stays calm so that he or she can help keep you calm. Additionally, you’ll want to find a lawyer who is willing to take the time to answer your questions and who understands what is important to you. For example, if the most important part of the divorce to you is getting a reasonable custody settlement, you’ll want to avoid the lawyer that keeps returning to financial settlements in your discussions.

2. Don’t underestimate the power of technology.

There are software programs that you can use yourself that can make divorce proceedings such as division of property and child support more efficient. Furthermore, sometimes it’s easier to keep in touch via email when you both are busy (as long as your lawyer isn’t opposed to phone calls and face-to-face meetings when you need more detailed explanations.)

3. You need someone who has the courage unfolded to tell you the straight truth.

Your lawyer should be willing to be honest with you as well as understand divorce laws. This honesty comes from his or her knowledge of the law and what the likely outcome will be. If your request will likely end up unfavorably to you, your lawyer should be honest. Likewise, you’ll be stressed during the divorce. Your lawyer is the one who should remind you what is important and what should and shouldn’t be pursued.

4. Your attorney must understand all of the complexness around divorcing.

Divorce is not just a legal issue. Many factors are included: kids, property settlement, finances, fiery emotions and the law – if you can think of it, it’s there inside the divorce. If your lawyer spends most of his or time talking about winning or losing the legal battle, he or she may have lost sight of everything else that is affecting you. Find someone who understands divorce support and will be able to help you keep all aspects of the divorce in perspective.

5. Find someone you can afford.

You need to be up front with your attorney if you are worried about paying his fees so that some equitable arrangement can be made. You might be able to change from an hourly fee to a flat rate program that clearly lays out what is involved.

Finding a lawyer is not as simple as calling the first person you find in the yellow pages. Don’t be afraid to call several divorce lawyers and go on to discuss with them your expectations and specific situation before you make your final decision. It’s also helpful to ask the people you know for recommendations.

posted by admin on Jan 5

Complicated laws entangle the divorcing couple into legal hassles and aggravate their unhappy state. Unable to solve through the judicial issues, separating spouses get forced to hire expensive solicitors and fight out long-drawn court battles. This compels the entire family into the court room. Children and other relatives get sucked into the case giving testimony. Moreover, hiring divorce lawyers drains the already sparse family resources. Families slip into extreme economic difficulty following the separation.

Such a situation is extremely difficult for both the spouses, more so for the woman who is a respondent in the divorce case. The unexpected marital termination and managing the entire divorce affair all alone will expose her to the risk of being short-changed.

To prevent victimisation of the aggrieved party and development of such difficult situations, it is necessary that divorce laws be made more easy and relaxed. People intending a split should be enabled to do so quickly and efficiently with their dignity intact.

Liberalise Divorce Laws

‘Marriages are for life’ — every person tying the knot believes so, and aspires for it. However, practical life is much different from lofty beliefs or ideal scenarios.

Usually, people marry (the first time) when they are in their late 20s or early 30s and a few marry young. When they ultimately find it incompatible to live with their spouse, they should be given the freedom to get out of the situation, though divorce laws will leave them trapped in an unsuccessful marriage, and force them to suffer for the next half of a century (General life expectancies in the UK are 79.4 years.).

Stringent laws not only affect the suffering spouses, but also they emotionally damage the children. These innocent victims who live in an environment made despondent by regular insults, fear, and sadness will turn emotionally insecure and develop adjustment problems. Research has proved that if children grow with single parents, in an environment devoid of such negativity, they mature into healthy individuals.

However, at the other end of the spectrum lies an entirely different view-point. Many people fear that if divorces are made extremely easy, people will lose interest to invest adequately in a marriage. They will be less inclined to help their spouse succeed professionally or deliberate long term plans that financially benefit the entire family. Some, therefore, argue against making laws easier and such opponents presumably outnumber the advocates.

Liberal Divorce Laws and Enhanced Divorce Rate

Adversaries of liberal divorce laws also believe that if divorce becomes easier to obtain, married people will contemplate it at the first hint of trouble.

These arguments appear biased. People, who opt for a divorce, are much aware of the negative consequences of their decision. Rarely does anyone terminate a marriage just because the law easily enables them to do so.

Divorce laws must be relaxed so that unhappy marital partners are not made to suffer just because they married wrong. However, to prevent couples from terminating low-conflict marriages, a few measures must be implemented.

Every divorce (where domestic violence is absent) should be granted after ascertaining that couples have tried out marriage counselling. Such sessions develop the communication and problem solving skills of conflicting couples and teach them the value of compromise.

Separating spouses should also be encouraged to evaluate the consequence of their choice on their children, career, financial status and even their health. Such insistence prevents divorce in haste, for those who divorce thus repent in leisure.

Divorce laws should not only be made easier, they should also aim at preventing contested divorces. Families can be safeguarded from the evils of contested divorces by legalising prenuptial agreement for one of the most contended issues during divorce is financial settlement. It should also be made mandatory for all couples to undergo divorce counselling before contesting their case.

Such measures, if implemented, will rid society of the evils associated with divorce. Merely making laws more stringent will only turn families unhappy, and this will harm not only the society but even the nation at large.

James Walsh is a freelance writer and copy editor. If you would like more information on how to get a quickie Divorce see http://www.quickie-divorce.com