July 19th, 2009 at 03:01am
Under Divorce Law
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.
By Law Article
July 18th, 2009 at 09:02pm
Under Divorce Law
Houston divorce lawyers are busier than ever nowadays. Divorce is on the rise in the United States. Newly released data indicates that 43 percent of first marriages end in separation or divorce within 15 years. And Texas is no exception. There were 78072 divorces in the state in 2006. If you’re a resident of Houston, and are faced with divorce proceedings, you’ll find expert legal help to guide you through these trying times.
Divorce can have devastating repercussions on the couple and especially on any children involved. For this reason, the whole divorce proceeding needs to be carried out as professionally as possible to minimize any unpleasantness. This means hiring an attorney to handle your case. Hiring an attorney is essential for these reasons.
Firstly, only a Houston divorce lawyer will have his finger on the pulse of the Texas judicial marriage law. Divorce law is complex, and there are often related important matters such as child custody, child support and alimony/spousal support. Only a trained and dedicated professional can effectively handle such matters.
Many people nowadays search for divorce information online and try going it alone. But any blunder in the divorce process can end up being very expensive both financially and emotionally. Plus, knowing your case is in the hands of a capable Houston divorce lawyer will do wonders for you state of mind and allow you relax and think clearly about your future.
Equally importantly, a reputable, experienced divorce lawyer will keep you informed of your rights and any options available to you. This means you are better able to get what you are legally entitled to.
Having determined that the use of a lawyer is essential for your divorce proceedings, you have to find the right attorney for you.
When considering a Houston divorce lawyer for your case, make sure you get the following facts. Firstly, find out how much experience the lawyer has with divorce cases. Does the lawyer specialize in divorce? Is advice provided to you on the tax implications of the divorce? What kinds of resources are available to minimize the stress and anguish of the divorce case?
Then you need to consider the matter of payment and make sure everything is clear upfront. Get an estimate of the total legal costs you’ll need to pay your Houston divorce lawyer. You need to determine the hourly rate and ascertain everything that’s charged for. What other expenses will be itemized? Does the lawyer demand a retainer before starting work? (i.e. charges for other professional services such as private investigation or psychologist’s reports.)
Getting the answers to all these questions will allow you to find the right Houston divorce lawyer for your needs. But though these questions about experience, expertise, and affordability are crucial, ultimately, you need a lawyer who you trust and feel comfortable with. Choosing the right Houston divorce lawyer for your case will ensure that proceedings are concluded swiftly and amicably thus saving you the financial and emotional burden of drawn out proceedings which may turn acrimonious if not handled competently.
By Law Article
July 13th, 2009 at 04:38am
Under Family Law
There are many hardships a family can face during a lifetime. When the unthinkable happens, such as experiencing a divorce, finding out about child abuse or a child abduction, or having to deal with property settlements, the legal terms and rules will not be foremost on your mind. In cases like these, the amount of work to be done can seem overwhelming. The legal system is a very complex system, and although it might seem expensive and time consuming to seek advice from a lawyer, doing so can save both money and time in the future. It is important to seek advice from a lawyer who specializes in your specific legal problem. He or she will use expertise and experience to reach a satisfactory outcome to the situation. If one of the situations above happened, one would seek out a Family Lawyer.
Family law is the area of the law that deals with domestic relations and family related issues. Complications that arise from situations such as the nature of marriage and domestic partnerships, issues involving spousal or child abuse and child abduction, and issues arising from the termination of a relationship such as divorce, annulment, property settlements, and parental responsibility are all included under the category of Family Law.
Relying on settlements without the aid of a family lawyer can be very risky. Without the legally binding decisions, trouble can be caused if one of the parties involved in the settlement decides to change his or her mind in the future. This is especially important in property settlements. “Property” in a property settlement can be interpreted as almost anything that is capable of being owned. A property settlement includes everything belonging to a couple, regardless of who bought it, who’s name it is in, or if it was owned before the marriage.
In the situation of a property settlement, it is easy to see how the amount of work can become overwhelming. This is where a family lawyer can be extremely helpful. When most people think of a lawyer, they immediately assume a court visit is in order, but in family law situations, this is not the case. In fact, going to court is often best left as a last resort. Most family law cases can be solved through simple negotiations between the parties involved. The lawyer will help obtain a satisfactory settlement and insure that complications will not be ongoing. Outcomes are not simply a 50:50 split of the assets, but rather a division based on the circumstances of the specific situation. It sometimes requires an outsider to have unbiased view of what those circumstances really are. The family lawyer will help determine and organize information about factors such as age, health, education, and job qualifications to decide how the case will be settled.
If parties are open and honest in a family law situation, settlement of a case should go smoothly for everyone, resulting in a satisfactory outcome. Experiencing any type of family trouble can be extremely stressful, causing strong emotions and thoughts to occur. A family lawyer is a sound investment that will listen to the concerns of all those present, and will give objective advice about legal obligations and rights of entitlement until a desired settlement is reached.
The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
By Law Article
July 12th, 2009 at 09:01pm
Under Divorce Law
Ruth Deech in her speech criticized the role of empirical research in the field of law, she claimed that 1966 Report and 1988 showed the well-grounded set of proofs that breakdown rates and divorce law have different existences and that consequently an increase in the divorce is not obligatory to be regretted. Commissioners always condemned the established social factors: lack of lodging, marriage in a youth age, emancipation etc. In spite of the fact that relations between law and breakdown rates are not straightforward, gullibility is strained if one persists to absolve law itself of any effect. So, is law really not relevant to the rates of breakdown, as some claim? If it is really so, then why does it need any changes?
Over and over again reforms have told people that certain amendments in law have to be moved in order to align it with the reality and that concerted edicts are being obtained without proper inquiries. Hence, in case of relying on any previous research there should be undertaken a serious examination of this research before using it in a new situation.
It is evident that reports of the law commission suffer from several dangers when it comes to the application of statistics data in family law. One of those dangers is that they are selective. The reports of the two law commissions concerning divorce have applied only those materials which detach breakdown rates of marriage and the law, and have omitted the information which relates them and stated that divorce exerts a bad influence on the parties and children. The law commission claims that marriage is prosperous because of the popularity of remarriage. What is the most scandalous is that the fact that remarriages are more predisposed to divorces than first marriages was dismissed to a footnote.
By Law Article
July 12th, 2009 at 09:01am
Under Divorce Law
Divorce is a complex area of the law, and one that varies depending on the jurisdiction in which the case is being hears, which is usually the jurisdiction of domicile for the defender or defendant in the given action. Whilst no two sets of divorce laws are identical across jurisdictional borders, most abide by certain general principles and overarching rules that should be considered when embarking on pre-divorce haggling and the court process itself, wherever you live, to avoid any dissatisfactory outcome or to prevent disappointment following the court order when it is finally granted at the end of the case.Grounds For Divorce
Most jurisdictions require that before a divorce can be sanctioned, there be a reason for the divorce that is both legally valid and accepted. Common grounds for divorce include adultery, the commission of a crime against the other spouse, or more commonly some general provision about the unworkability of the marriage, whether as a result of a gradual deterioration in personal relationships or simply as a result of a significant row or fight. Of course where this is disputed the court will look into the matter and rule accordingly, although most jurisdictions do now have some form of general, uncontestable provision like a simple ‘breakdown of marriage’ clause.Length Of Marriage
In most instances there will be a minimum default length of time marriages must run for before a divorce can be sanctioned. Whilst in certain occasions there are no minimums, most jurisdictions impose a two year rule, or a five year rule, by which the court must abide in granting any decree of separation. This is designed to protect the sanctity of marriage to at least a certain degree and to ensure that people do understand prior to getting married that there is a legal tie-in period, on public policy grounds. However this area of divorce law in particular is rapidly changing, and may ultimately find itself out of favour worldwide. Fairness
In terms of any settlement there is usually an overriding principle of fairness adopted by the courts in working out who gets what. Of course there may very well be strict legal rules as to what is decided but, particularly in common law systems, there is an overall consideration of what is fair on both parties and what is just or equitable given the circumstances of the split. Obviously as an area of personal life, the courts will look to attempt to gain the best possible ground for both parties, even where one party is staunchly opposed to the other gaining any ground whatsoever. For this reason it’s probably best to save everyone the hassle and agree on something that is objectively fair from the outset.Division Of Property
Of course, one of the major issues arising from divorce is that of division of property. Whilst it is different in each jurisdiction, the higher earner or higher net wealth spouse can expect to lose out overall to the other spouse, provided there have been no pre nuptial agreements drafted to the contrary. As a result, it’s again probably best to go for an out of court solution if you think this may end up affecting your financial health.
By Law Article
July 12th, 2009 at 03:01am
Under Divorce Law
In the case where you are considering divorce, almost regardless of the reasons behind your decision, it is important that you be aware of just what is involved in obtaining a divorce in the US.
In general, the laws of each state set out specific reasons for a divorce which have to be proven before the court is allowed to grant it. This can be under a no-fault heading, an all-fault heading, and a summary heading. In recent years some less adversarial ways to approach to divorce settlements have emerged, like mediation and collaborative divorce, to negotiate mutually acceptable resolutions to conflicts for a couple.
At-fault divorces were originally the only way to dissolve a marriage, and people who had differences or problems were only able to separate, and were prevented from legally remarrying afterward. The state of New York is the only one which still requires fault to obtain a divorce. In an at-fault divorce, one party usually brings divorce proceedings against the other due to some breech of marriage regulations like adultery, abandonment or cruelty.
Comparative rectitude is the name given to a doctrine used to determine which spouse is more at fault in divorce proceedings when both spouses are found to be guilty of breaches. This kind of divorce can affect the distribution of property, and will allow an immediate divorce, especially in states where there is a waiting period required to obtain a no-fault divorce. A defense for this type of divorce can turn out to be expensive and is not usually practical since most divorces are eventually granted anyway, especially when a society comparable to that in the US is not interested in forcing people to remain married any longer. Remember, marriage in the US also has legal ramifications, so if you do not want to be married anymore, you need to get divorced, it is much more than simply taking the mental attitude of no longer being married.
Under a no-fault divorce set of rules, a marriage partner does not need to show that the other marriage partner did anything, or was at fault in order to obtain a divorce. Many common reasons for no-fault divorce can be incompatibility, irreconcilable differences, and irremediable breakdown of the marriage. In the United States, currently 49 states have adopted no-fault divorce laws.
In states that grant no-fault divorces, there may be a waiting period of up to a year before the divorce is considered final. Other requirements include mandatory counseling to see if reconciliation can be achieved if one party does not agree to the divorce, either dependent on an amount of time set by the court, or for a predetermined amount before the divorce may even be applied for,
A summary (or simple) divorce, available in some jurisdictions, is used when spouses meet certain requirements for eligibility, or can agree on important issues beforehand like if it was a marriage lasting under 5 years, there were no children (or, in some states, the couple have resolved custody and set payments for child support), there was minimal or no real property (there was no mortgage on a house or condo), the property owned by the married couple is under a threshold (around $35,000, not including vehicles), and the personal property of each spouse is under a set threshold (typically the same amount as marital property). A simple divorce where both couples agree on how the divorce should be handled and assets divided is also known as an uncontested divorce.
It is estimated that in the US upwards of 95% of all divorces are uncontested, since the two parties are able to come to an agreement (with or without lawyers/mediators) about the property, children and support issues. When the parties are able to agree and present the court with a fair and equitable agreement, approval of the divorce is almost certain. In the case where the two partners cannot come to an agreement, they may ask the court to decide how to fairly split property, deal with children and custody issues, and so forth.
Residency requirements to file for a divorce vary from state to state. In some states, like Colorado, residency requirements are very liberal to accommodate military personnel who have to move often for tours of duty, while other states, like New York, require that you live in them for a minimum of a year with the intention of making this your permanent state of residence. A spouse may separate, move to a state with divorce laws of their choice, establish residency, and file. However, this typically does not change the state in which property and other issues are decided, and it is possible for a court to decide not to hear a petition for divorce if it decides that it does not have legal jurisdiction to do so based on residency issues.
A final consideration to be made when considering where/if to file for divorce is the laws concerning the distribution of property and division of assets. States like Alabama are considered to be an “equitable distribution” state which means that all property acquired during the marriage is divided equally among the two parties. In other states, like California, assets can be awarded to a spouse from the other based on economic need, and in still others, like Alaska, even though it is an equitable distribution state, in some jurisdictions in the state, women have little or no rights to marital property. In some states, alimony is awarded to the stay-at-home spouse, where in others, alimony is paid by the spouse making the most to the spouse making the least, despite the one needing to get child support because they have actual custody.
By Law Article
July 11th, 2009 at 03:01pm
Under Divorce Law
Divorce is a painful and extremely difficult process. Knowing how divorce laws function and understanding the court’s role in a divorce can help to make this transition smoother and easier, however.Divorce laws govern the dissolution of a marriage. Every country has its own laws regarding divorce and, in fact, divorce laws can vary from state to state or province to province within a nation. Knowing your jurisdiction’s divorce laws can keep a bad situation from becoming worse, and save you future turmoil.In the United States, divorce laws, in general, provide two basic forms of divorce: fault based and no-fault based. However, even in some jurisdictions whose divorce laws do not require a party to claim fault of their partner, a court may still take into account the behavior of the parties when dividing property, debts, evaluating custody, and support.Fault-based divorces can be contested and may involve allegations of collusion of the parties, connivance, or provocation by the other party. In a no-fault divorce, the dissolution of a marriage does not require an allegation or proof of fault of either party. Forty-nine states have adopted no-fault divorce laws, with grounds for divorce including incompatibility, irreconcilable differences, and irremediable breakdown of the marriage. New York is the sole exception divorce laws there still require a proof of fault.About 95 percent of divorces in the US are “uncontested,” because the two parties are able to work out an arrangement concerning property, debt, children and support issues. When the parties can agree and present the court with a fair and equitable agreement, approval of the divorce is almost guaranteed. If the parties can’t work out their differences, divorce laws govern the fair and equitable disposition of these issues.Divorce laws generally recognize two types of property during property division proceedings – marital property and separate property. Marital property consists of property that the spouses acquire individually or jointly during the course of marriage. Under divorce laws, separate property constitutes any property that one spouse purchased and possessed prior to the marriage and that did not substantially change in value during the course of the marriage because of the efforts of one or both spouses. Under modern divorce laws, separate property is returned to its original owner, while marital property is divided according to negotiated settlement and what the court deems equitable.In cases involving children, divorce laws attempt to ensure the matter does not spill over into the family court system. In many jurisdictions, divorce laws require divorcing parents to submit a parenting plan spelling out each party’s rights and responsibilities. Divorce laws also provide for the establishment of alimony, often depending on the length of the marriage and other factors. Spousal support is becoming less common, however, as more women are entering the workforce and earning their own income.
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By Law Article