|
|
Archive for the 'Divorce Mediation' Category
Tuesday, September 9th, 2008
Divorce lawyers and law firms can provide a great deal of divorce information and divorce advice; but sometimes, all that legal jargon can be confusing to say the least, not to mention intimidating. Getting a good, low cost divorce settlement requires planning and research.
So, why not start here? We have provided you with a good glossary of legal terms related to the process of getting a divorce:
Alimony
A regular support payment by one divorced spouse to the other
Annulment
A court declaration stating that a legal marriage never existed
Arbitration
Having a disputed matter settled by a third party who is not a judge.
Attachment
A court-ordered seizure of a debtors property.
Attorney at Law
A state-licensed advocate who is hired to prepare, manage and try a case in court.
Alternative Dispute Resolution
A process of negotiation, mediation and arbitration, in lieu of a trial, as a way to resolve issues pertaining to a judgment of divorce.
Case Information Statement (CIS)
A financial document specifying the details of your respective incomes, expenses, assets, and debts.
Child Support
Money paid by one ex-spouse to another toward their childs expenses.
Common Law Marriage
A marriage without a license or ceremony in which the couple cohabitated for a minimum number of years (varies from state to state).
Default
Failure to do something (such as make a payment) on time.
Discovery
The legal procedures used to gather all the facts necessary to settle a case or to prepare the case for trial.
Dissolution of Marriage (Divorce)
The legal separation of a married couple so that each one may be free to marry again.
Equitable Distribution
A fair division of the assets acquired during your marriage.
Inventory and Appraisement
A list of jointly-owned property along with the current value of each one.
Joint Legal Custody
An agreement in which a divorced couple share the rights and responsibilities of making major decisions about their childs life.
Joint Physical Custody
The shared right to have a child live with one or the other parent at different times of the week or year.
Judgement of Divorce
A legal document following a settlement or trial that grants a divorce and states the courts decisions with regard to alimony, support, custody, visitation rights, and equitable distribution.
Maintenance
Alimony or child support payments
Marital Settlement Agreement
An out-of-court agreement that resolves all issues surrounding a divorce.
Mediation
A process by which a dispute is resolved and an agreement between two parties is reached with the assistance of a disinterested third party known as a mediator.
Non-Marital Property
Property that belongs exclusively to either the husband or the wife and, as such, cannot be divided between the two.
No-Fault Divorce
A divorce granted with the mutual agreement of two spouses, or when one spouse has left the marriage for a certain period of time (varies by state).
Rehabilitative Alimony
Alimony that helps the ex-spouse to become self-reliant.
Separation
The absence of one spouse from the household before a divorce.
Separation Agreement
A temporary agreement with regard to support, child custody and property for the period between the onset of separation and the granting of a divorce.
Spouse
A husband or wife
Support
Payment due to one spouse from the other regarding housing, food, clothing, and other expenses.
Transfer
To switch legal ownership from one person to another.
Verification Statement
An oath declaring that the information stated in a document is true.
Visitation
The right for a non-custodial parent to visit his or her child.
Nathan Dawson writes for http://www.lifeaftermarriage.com a great online source for finance information.
The Importance of Choosing the Right Divorce Lawyer
Choosing the right divorce attorney may have a huge long-term impact when it comes to coping with divorce, as financial stress may be lessened if you receive sound divorce advice. Therefore, hiring a competent professional attorney can mean the difference between a low-cost divorce and drawn-out divorce proceedings that seem to have no end in sight... Wireless Broadband Basics
Wireless broadband is a general term used for the technology that is able to gain access to the internet wirelessly, and at high bandwidth speeds. Wireless broadband is available on virtually any digital device, so long as it has the proper connectivity hardware. Such hardware can easily be attached to most PDAs and laptop computers.One of the most... Getting A Divorce Lawyer
When you are faced with the fact that you are getting a divorce it can be a very confusing time. Many do not realize what the first step is to getting a divorce. Sometimes it is a mutual thing between two people and other times it is a very sad and messy divorce that someone cannot believe is happening to them. Either way you have to get a divorce ... Divorce - How to Survive Financially
When considering divorce and its financial consequences, it may at times seem hard to believe that anyone can survive it. Vengeful wives have been known to max out their husbands credit cards prior to a divorce settlement and deadbeat dads have been known to refuse to pay alimony and child support. The consequences can be devastating and nightmaris... Divorce Attorneys
As with any legal process, the help of a competent and skilled lawyer is vital. This is because a good lawyer can get the best results for their clients. In divorce proceedings, this principle also applies as divorce can be very painful and complicated, which is why there is a need for a lawyer that can help mitigate more pain and complexities thro... Get Over A Divorce and Prepare for Divorce Recovery!
It can be difficult to get over a divorce and cope with a divorce when you are in pain. A ton of emotions and indecisiveness consumes you. There is a simple process to help the serious individual get over a divorce.Very few people stay with the same individual for over twenty years. Therefore, a divorce is inevitable. Yet, hearing the words, "Uh we... Top Ten Divorce Mistakes
A divorce is an especially trying legal matter, mainly because emotions on both sides tend to run high. And this can result in rash or even vengeful decisions being made.Unfortunately, mistakes that are made during a divorce proceeding can have long-term and far-reaching negative consequences. You may end up with less money than you deserve bo...
Posted in Divorce Mediation | Comments Off
Tuesday, September 9th, 2008
1. One lawyer is a good as another.
There is a tremendous difference between lawyers. Some are down to earth and some are distant and hostile. Some call you back the same day and others wait 5 days to call you. There are attorneys that only practice in divorce and marital law. Others are like a jack of all trades – they practice in divorce, criminal law, bankruptcy, etc. But remember the old saying – “Jack of all trades, master of none.” Look for a lawyer that has adequate skills for your situation. More important: look for a lawyer that matches your values and has the ability to communicate well with you.
2. The mother always gets the kids.
Not true anymore. Florida law now treats men and women alike when it comes to custody decisions. Many states are similar. Gender bias is slowly disappearing from marital law. Does this mean men get custody as often as women? You already know the answer to that – women still appear to get custody more often than men. But men should take heart because the law is now more of a level playing field for custody battles.
3. Divorce through an attorney is completely unaffordable.
Divorce will always be an expensive process. But there are more alternatives than ever. There are do-it-yourself forms you can use to get your divorce done. And there are attorneys that offer partial representation. This can take the form of paperwork preparation or one-time consultation. Many states embrace a new concept called “unbundled services.” This concept entails providing complete representation or individual phases of representation. Some attorneys will provide representation for one form, or one hearing. The benefit: you can get the exact level of help that matches your financial capability.
4. My children will be screwed up permanently.
Not only is this not necessarily true, but the answer will depend on you and your spouse. Both of you must guide the children through this process with a problem solving approach. There are many books available that may help guide you and your children through the divorce process. There are many family therapists that can also help. But there is no substitute for caring, involved parents. Never use the children as pawns. And don’t try to destroy your soon to be ex-spouse. The children will always have a need for both of their parents. Divorce will not change that fact.
5. This is easy and I can do it completely myself.
Partially true but BEWARE! Divorce can be complex or it can be simple. Your best bet is to start off with a legal consultation. A good lawyer will make you aware of the major pitfalls without pushing you into immediately paying for more. In 30 minutes, you will be more able to calculate the risks and rewards of doing it yourself. If you decided to pursue this route there are many different options. A paralegal service can do your initial paperwork for a couple of hundred dollars. Some attorneys will do initial paperwork for 400 to 500 dollars. And there are many self help books available online and in bookstores.
6. If my spouse doesn’t pay child support, he/she won’t be allowed to see the kids.
Not true. Florida law is very specific about this. Visitation with the kids will go on whether or not child support is paid. Many states have similar laws. You cannot and should not condition visitation on the payment of child support. Remember, child support will always be separately enforceable at a later time. Visitation is beneficial to the children right now. It can never truly be made up if visitation is denied for a long period of time.
7. My name is on the deed or title, so it is mine.
Not true. A judge can change that with a stroke of the pen. Property distribution goes according to Florida law, not by whose name is on the title. Some states assume all property owned by either spouse is automatically marital property. This is an area that is best discussed with an attorney located in your state.
Copyright 2006 The Divorce Center P.A.
Howard Iken is a divorce attorney located in the Tampa Bay area of Florida. You can view common steps in a divorce by visiting Divorce Steps in Tampa Bay and New Port Richey Area Property issues in a divorce are explained at Property Distribution in a Tampa Area Divorce. Or you can contact Attorney Howard Iken at 1-888-4MyDivorce.
Hair Loss Myths
Not surprisingly, hair loss myths are more well known than hair loss facts. Since hair loss is such a common and unwelcome condition, the public has been flooded with hair loss myths to promote sales of hair loss prevention products. Many companies have jumped on the hair loss bandwagon because of our own enormous desires to eliminate hair loss f... A Guide to Female Hair Loss
Hair loss usually occurs because of hormonal factors. As a consequence, biological events like puberty, pregnancy and menopause that effect female hormone levels can also cause female hair loss. In the case of pregnancy, hair loss is simply a consequence of the stress the body undergoes during labor and should stop approximately 6 months after bi... Top Ten Divorce Mistakes
A divorce is an especially trying legal matter, mainly because emotions on both sides tend to run high. And this can result in rash or even vengeful decisions being made.Unfortunately, mistakes that are made during a divorce proceeding can have long-term and far-reaching negative consequences. You may end up with less money than you deserve bo... Divorce
An increasing number of married couples in the United Kingdom are for various reasons getting divorced. Divorce is described as the ending of a marriage before death of either spouse. Any divorce must be certified and recognised in the Courts of Law. This is due to the fact that the dissolution of a previous legal act (marriage) is required. In 200... Karma, Fate, Destiny, Spirituality & Relationships - Stay Married or Divorce?
Whether to stay or leave an unhappy relationship can be a
very difficult decision, especially when children and other
factors are involved.Will you create negative karma if you leave your marriage?
Some may say that you have an obligation to stay married
for your children. We disagree because we feel children
know when their parents are u... Contested And Uncontested Divorce
A divorce case is contested if the parties cannot agree on every one of the issues involved in their particular situation. Common areas of disagreement include, but are not limited to: grounds for divorce, custody of the children, visitation rights, division of the assets of the marriage, child support, maintenance (alimony), payment of family debt... Hair Loss and Hair Growth Myths - Part 2
Summary: In the first part we have mentioned seven important hair loss and hair growth myths. In this part we will mention nine more myths.8. The myth - Some ethnic groups are less prone to experience hair loss.The truth no scientific research has proven it. Although, it seems that Asian people have less hair loss problems than westerns.9. The myt...
Posted in Divorce Mediation | Comments Off
Tuesday, September 9th, 2008
The life we lead from dawn to dusk is not a bed of roses as on various phases of our lives we meet people who cause joy as well as sorrow to us. When your friend, relative or your beloved usher happiness in your life, you remain at the top of the world and when a person very close to you, for instance your husband ditches you for another, lady flood of sorrow and grief envelops your heart. The reverse is also true as a man also suffers immensely if his wife leaves him for another gentleman.
Life becomes very difficult for a lady in the wake of divorce and if she doesnt have the privilege of financial independence and even more if she is burdened with the responsibility of kids, the going gets tough. At such a condition there are a few measures which a man or woman can adopt to alleviate their lives after divorce:
Discuss Your Problems
After your husband/wife leaves you, there is no point in keeping the mental suffering within yourself. Reveal your mental stress as well as your financial problems to your father, mother or other kinsmen to lighten your suffering. One you open up in front of your dear ones, the divorce induced depression would disappear instantly.
Gear Up To Obtain Financial Security
Especially for divorced wife, money is necessary and as such once you are divorced, you should seek out a job where your skills are well utilized. Financial help would help you to fulfill the material requirements of yourself and your kids. In such a way, you would be able to save them from coming in the grip of their fathers loss.
Make New Friends
Depression and all the grief that divorce has brought in your life would heal along with time. You can fasten the healing process by introducing yourself to new acquaintances. New memories with your new friends would soon replace the old traumas and help you to start life a new.
Learn From Life`s Experiences
If you regard your past life as just a general phase and try to learn from it, the pain would considerably decrease. Learn from the circumstances that had lead to your divorce and take a pledge never to repeat them.
The writer dwells on issues relating to anxiety, depression, stress, anti-anxiety treatments such as xanax and other issues associated with mental health. For more tidbits on these matters, visit the website xanax-effects.com
Divorce Legal Separation - What Does It Mean?
When a couple is having some marital problems, many times they will opt for a legal separation. This is much like a divorce and typically requires much of the same process of filing legal paperwork with the court. The filing of these papers will start a legal action.At the end of the filing process, the couple is legally separated but not yet off... How To Cope With A Divorce
Going through a divorce is rarely easy therefore if you are currently having to cope with this nightmare, take a small amount of comfort by realising that you are not the first and you will not be the last person to get divorced. At times it may seem that life is not worth living and that you may be better off dead, most people have these depressiv... What is a Fault Divorce?
There are many reasons for a divorce, and it may be the last choice made by many. In some cases, it can be a decision that is hard for both parties to agree on. They have tried all that they can but they cannot seem to make the marriage work. For this reason it is called a no fault divorce in the courtroom. For other divorces where one or both ... What is a Divorce?
Sometimes married couples do not get along and find that they are never going to make the marriage work. That is when a divorce comes into mind. A divorce is a legal action between married people to terminate their marriage relationship. It is a hard time for all that is involved.There is something that is called a no fault divorce. This means ... What is a Divorce?
There are many couples today that cannot make their marriage work and they jump to the conclusion that they must get a divorce. This is something that both parties may agree to or just one person in the relationship may have this idea on their mind. Either way, it is the ending of a marriage and something that needs to be thought about very caref... Get Over A Divorce and Prepare for Divorce Recovery!
It can be difficult to get over a divorce and cope with a divorce when you are in pain. A ton of emotions and indecisiveness consumes you. There is a simple process to help the serious individual get over a divorce.Very few people stay with the same individual for over twenty years. Therefore, a divorce is inevitable. Yet, hearing the words, "Uh we... Grief Denial, Pretending You Do Not Have Grief About Your Loss Of Love Or Marriage - Is It Anger?
Are you recently divorced or has it been a long time since the event?Are you angry?Did you grieve the loss of your marriage partner after a divorce?I can hear it now: What the hedo you mean grieve! I am happy she/he is gone out of my life! GRIEVE? WHATS WRONG WITH YOU WOMAN?Actually there is nothing wrong with me. Losing a marriage partner to divor...
Posted in Divorce Mediation | Comments Off
Monday, September 8th, 2008
If you are considering getting a divorce its imperative to consult a legal professional early on to help you navigate the choppy waters of divorce law. While divorce is normally only considered as a last resort, you should be sure that there is no way to reconcile your relationship peacefully and find yourself a solicitor before you head for the courts.
The first step for you to take is to contact a solicitor and ask about your legal rights and obligations. Contacting a solicitor does not necessarily lead to divorce and you should not feel that a decision has to be made right now. However, if you are going through an emotional time, knowing your rights could keep you protected.
Taking a step back may be quite difficult, but declaring war through your solicitors is never going to be the most productive course of action. You planned ahead for your wedding, financially and in other ways and sadly, you must do the same when the marriage is ending. If you are sure that divorce is your only option, then hire your solicitor and prepare for the marriage termination.
If there is any possibility of amicable split between you and your spouse, then consider Collaborative Law as an alternative to a messy divorce. This process allows specially trained lawyers to help you to agree your case without visiting court. This approach allows you to divorce with dignity, and to work with your spouse to resolve your disputes civilly. If you cannot reach an agreement with your solicitor team, then you should hire a new solicitor to take you through the court process.
The actual process of obtaining a divorce is not a difficult one in the UK, but it can be made to feel quite difficult by battling spouses, disagreements over custody or assets, and emotional upheavals. Seeking and following professional advice is the best way to navigate a messy divorce. There is no such thing as an easy divorce, as many of us know, but there are ways to make it as painless as possible if you are only willing to have an open mind & not be adverse to cooperation.
Chris Norton writes for Armchair Advice. Armchair Advice is a UK website providing specialist job loss and relationship advice. Whether you require emotional support, financial advice, employment law or divorce law solicitors, you can find them all at Armchair Advice.
Divorce Legal Separation - What Does It Mean?
When a couple is having some marital problems, many times they will opt for a legal separation. This is much like a divorce and typically requires much of the same process of filing legal paperwork with the court. The filing of these papers will start a legal action.At the end of the filing process, the couple is legally separated but not yet off... What is a Divorce?
There are many couples today that cannot make their marriage work and they jump to the conclusion that they must get a divorce. This is something that both parties may agree to or just one person in the relationship may have this idea on their mind. Either way, it is the ending of a marriage and something that needs to be thought about very caref... Divorce Statistics And Effects Of Divorce On Children
There are many couples today that cannot make their marriage work and they jump to the conclusion that they must get a divorce. This is something that both parties may agree to or just one person in the relationship may have this idea on their mind. Either way, it is the ending of a marriage and something that needs to be thought about ... Getting A Divorce Lawyer
When you are faced with the fact that you are getting a divorce it can be a very confusing time. Many do not realize what the first step is to getting a divorce. Sometimes it is a mutual thing between two people and other times it is a very sad and messy divorce that someone cannot believe is happening to them. Either way you have to get a divorce ... Can You Afford A Divorce?
Are you thinking about divorce? My best advice to you is to get your finances in order. Get rid of debt and do your homework to find out where you are financially. Nothing about a divorce is easy, but facing difficult financial changes may be the most challenging practical issue. Who gets the second home? How do you handle retirement plans now that... What is a Divorce?
Sometimes married couples do not get along and find that they are never going to make the marriage work. That is when a divorce comes into mind. A divorce is a legal action between married people to terminate their marriage relationship. It is a hard time for all that is involved.There is something that is called a no fault divorce. This means ... How To Cope With A Divorce
Going through a divorce is rarely easy therefore if you are currently having to cope with this nightmare, take a small amount of comfort by realising that you are not the first and you will not be the last person to get divorced. At times it may seem that life is not worth living and that you may be better off dead, most people have these depressiv...
Posted in Divorce Mediation | Comments Off
Monday, September 8th, 2008
If you think a poor Work/Life balance may be causing your relationship to fail, take a look at these points and see if there is something you can do to improve the situation.
Consider Your Priorities While doing well at work can be hugely rewarding, you have to ask yourself how important that success to you is. Jobs dont last forever but marriages are supposed to. If you feel you arent being appropriately rewarded for both your time and effort in your job, it might be worth considering looking elsewhere. Many forward-thinking companies are beginning to realise that they can be much effective companies with well motivated happy staff as opposed to stressed employees. At the end of the day its a simple question which is more important to you, your job or your marriage?
Not the quantity of time, its the quality Too often people think if they spend more of their time at home their relationship will instantly improve. While time certainly is important in the equation it doesnt solve the problem in isolation. A few hours of quality time where you both have fun and enjoy yourself is worth much more than all the time in the world if you are stressed and thinking of other things. Try to do things with your free time, even if its just sitting in front of the telly watching a film you saw when you first got together. Give it your full attention, it will be really worthwhile.
Dont be a perfectionist You might have taken time off work to plan that perfect meal for your anniversary but you mucked the starter up. Dont let it spoil the occasion. The less free time you have the more likely you are to want that time to be perfect. If you put too much pressure on yourself it is inevitable something will go wrong. Dont be a perfectionist, enjoy the moment and time you spend together.
Get Help for many couples the idea of approaching someone for professional relationship help is hugely daunting. It shouldnt be. Just about every couple experiences difficulties in their relationship at one point or other. Its normally those who dont get an outside opinion that end up splitting up. Approaching a therapist is one of the most positive things you can do to try and avoid a divorce.
Plan Ahead If you find you are increasingly busy, its important to plan ahead. This goes for work as well as your personal life. Think about when you are going to be busy at work and plan your diary accordingly. You are never going to be able to predict all your work commitments in advance but some forward planning can certainly help cut down on late nights at the office. Its worth taking the same attitude with your personal life. While spontaneity is romantic that doesnt mean a meal or date planned in advance cant be. Knowing you are going to be spending some quality time together soon can make the difficult periods that little bit easier.
Understand Your Life Period Its inevitable certain times of your life are going to be busier than others. If youve just had kids of course you are going to have less time. Similarly if you have set up your own company you might be more stressed. Accepting this means you understand that while you may be busy that doesnt mean your relationship should suffer.
Nobody wants their marriage to end in divorce; taking some positive relationship action can be the difference between a happy and contented couple and two unhappy divorcees.
Chris Norton writes for Armchair Advice. Armchair Advice is a UK website providing specialist job loss and relationship advice. Whether you require emotional support, financial advice, employment law or divorce solicitors, you can find them all at Armchair Advice.
For more information please visit Armchair Advice.
Divorce Is A Process
Sometimes, divorce is looked upon as if it is a singular event. But, the process of divorce has a beginning, middle and an end. Too often partners get stuck in one of those stages and particularly if children are involved it can be difficult to move through the stages of a divorce successfully. What many couples do not realize is that the issues an... The Importance of Choosing the Right Divorce Lawyer
Choosing the right divorce attorney may have a huge long-term impact when it comes to coping with divorce, as financial stress may be lessened if you receive sound divorce advice. Therefore, hiring a competent professional attorney can mean the difference between a low-cost divorce and drawn-out divorce proceedings that seem to have no end in sight... Can You Afford A Divorce?
Are you thinking about divorce? My best advice to you is to get your finances in order. Get rid of debt and do your homework to find out where you are financially. Nothing about a divorce is easy, but facing difficult financial changes may be the most challenging practical issue. Who gets the second home? How do you handle retirement plans now that... How To Prepare For Your Divorce Without Making These Mistakes
If you have decided that divorce is imminent, then there are some other considerations that come into play and you need to know how to prepare for your divorce. For many, divorce may never occur or may happen once in their life. It is something that not many people are experts on and there are some things that you need to think about to avoid any c... Getting A Divorce Lawyer
When you are faced with the fact that you are getting a divorce it can be a very confusing time. Many do not realize what the first step is to getting a divorce. Sometimes it is a mutual thing between two people and other times it is a very sad and messy divorce that someone cannot believe is happening to them. Either way you have to get a divorce ... Divorce - How to Survive Financially
When considering divorce and its financial consequences, it may at times seem hard to believe that anyone can survive it. Vengeful wives have been known to max out their husbands credit cards prior to a divorce settlement and deadbeat dads have been known to refuse to pay alimony and child support. The consequences can be devastating and nightmaris... In Divorce, Women No Longer Have All the Power
For many years the process of divorce was a process heavily biased toward women - to balance out the fact that it was a man’s world. Traditionally, women were considered the weaker sex. They were the sex to be protected and protected they were when it came to divorce. But the laws have changed. In divorce, women no longer have all the power. ...
Posted in Divorce Mediation | Comments Off
Sunday, September 7th, 2008
Parenting through divorce may feel more challenging during emotional stages accompanied by the transition. The pain of divorce moves through a process that is very much like what happens to us when someone we love dies. Elisabeth Kubler-Ross did extensive work with terminal patients and studied how their feelings changed from the process of initial discovery to eventual death. These stages are useful in understanding how children grieve about the loss of the family as they imagined it. The grieving process is a progression of feelings and emotional states that move by stages. Grief is a normal way children deal with loss. These stages may vary in order; may be experienced simultaneously, or may be revisited after having progressed into the next stage. The grief process is painful, difficult, and inevitable, but the end result is healing, which will ultimately lead to growth.
The initial reaction to any traumatic event is shock; an inability or unwillingness to believe what is happening. After the initial shock, Kubler-Ross identifies five stage of coping with loss:
1. Denial - Denial is a common first response children experience because they need to believe that their parents will change their minds and the divorce is not going to happen. Mom or Dad will change their mind. Dad will come home next week.
2. Anger - Children experiencing anger want to blame someone for the sadness they feel. They are often irritable, aggressive and uncooperative. I hate Dad for leaving us. Mom should have cooked more and kept the house cleaner.
3. Bargaining - In this stage, children may feel their parents will stay together if they make a deal. The bargaining stage allows the child to feel they have some control over the situation, and they try to please. In bargaining, the child can focus on hope and delay facing sadness. If I do all my homework maybe Mom and Dad will call off the divorce.
4. Depression - Depression involves a great sense of loss and sadness children feel when they realize that nothing will stop the divorce. Parents need to allow their children to grieve the loss and express their sadness. When a parent rushes to encourage the child to focus only on the positive, it may be a reflection of the parents inability to process sadness in them. I cant stop the divorce and cant fix the situation.
5. Acceptance - Acceptance is not characterized by happiness; it means moving beyond the feelings of loss. It begins when there is less depression, more resolution and stability, and the child accepts the divorce. Acceptance appears gradually and may take months or years to occur. Divorce is a major transition and a journey of growth. There are no absolute rules that determine how the process of healing will occur. Your childrens ability to adapt to divorce is going to depend on your ability to adapt to the divorce. The sooner you begin to heal, the sooner your children will start on their road to recovery.
Mr. Vicente C. de la Fuente Jr, is a writer and webmaster from Positive Parenting Through Divorce Class He is fun of making articles very useful to all of you. Make use the power of your fingertips and definitely you will explore everything. Thank you and enjoy exploring the power of his mind from his articles and share your gift of knowledge to the world.
Time Alone Does Not Heal
You may have been either widowed or divorced or may wish to share this article with a friend who has been. There are lots of similarities yet also vast differences in grieving and healing from the death or divorce of a spouse. A number of people have asked me which is worse and which is harder to get over. This is not a contest. Each persons g... The Importance of Choosing the Right Divorce Lawyer
Choosing the right divorce attorney may have a huge long-term impact when it comes to coping with divorce, as financial stress may be lessened if you receive sound divorce advice. Therefore, hiring a competent professional attorney can mean the difference between a low-cost divorce and drawn-out divorce proceedings that seem to have no end in sight... Divorce Attorneys
As with any legal process, the help of a competent and skilled lawyer is vital. This is because a good lawyer can get the best results for their clients. In divorce proceedings, this principle also applies as divorce can be very painful and complicated, which is why there is a need for a lawyer that can help mitigate more pain and complexities thro... Tips On Divorce Filing - Things To Consider
When going through the process of filing for divorce it can be an extremely painful experience for all those involved. However by knowing what to expect throughout from first filing to the divorce being completed can make it much easier to deal with. In this article we provide a number of tips on divorce filing which you may find useful in helpin... Divorce Mediation A Relatively Speedy and Low Cost Alternative
Is it possible to have an easy divorce? A low cost divorce? Or do all divorce settlements necessarily end in hard feelings and financial ruin? The truth is that divorce can be low-cost and easy or it can be a long ordeal that can drag on for months. No matter how emotional things get, just remember that you always have a choice and that your willin... Divorce Statistics And Effects Of Divorce On Children
There are many couples today that cannot make their marriage work and they jump to the conclusion that they must get a divorce. This is something that both parties may agree to or just one person in the relationship may have this idea on their mind. Either way, it is the ending of a marriage and something that needs to be thought about ... Children and Divorce: The Role of the Child Specialist
Most people realize that divorce has a long term effect on children. What some may not realize is the extent of the emotional impact of a protracted and contested divorce on even small children.In a collaborative divorce, the parties seek to minimize the amount of pain experienced by children and parents by agreeing to participate in a series of n...
Posted in Divorce Mediation | Comments Off
Saturday, September 6th, 2008
The first step in obtaining a divorce from your spouse is finding a Rhode Island attorney who you are comfortable with. Many attorneys give free initial consultations while others charge for the first consult. I have always taken the position that the initial consultations will be free.
It is important to ask the proposed lawyer about his or her experience and qualifications to handle your case. It is also crucial to determine the hourly charge and the amount of any initial fee or retainer.
It is often impossible to determine how much a divorce will cost from beginning to end. However, it is a good idea to get an educated estimation of the eventual fee. This will never usually be more than a estimation because the cost of the divorce usually depends on several factors. Those factors could include how quickly a settlement is reached, the number of motions that each party will file, the amount / nature and complexity of assets to be equitably divided, the amount of documents involved in the case, the animosity of the parties to each other, the waiting time while you are in court and many other potential issues.
The Golden Rule is that the longer it takes to reach a settlement the more the divorce will cost because the lawyers will spend a lot more time working on the case. If there is no settlement and the case goes to trial or the day of trial, the divorce could get very expensive. If everything is agreed or nearly agreed to and the parties are relatively amicable then the divorce should take a lot less time and therefore be much less expensive.
Uncontested divorces in Rhode Island should be much less expensive then contested divorces. However, there are many different types of uncontested divorces. There are uncontested divorces with no real assets and uncontested divorces with assets to divide. If the divorce is uncontested and there are assets then the lawyer may need to prepare a property settlement agreement, deeds, qualified domestic relation orders etc. Therefore, the cost of an uncontested divorce could vary depending on the circumstances. For example if a lawyer has to draft a property settlement agreement , the lawyer will devote more time to the case.
I believe that a fair price for an uncontested divorce from soup to nuts in Rhode Island with no assets and no property settlement agreement is about $800 flat fee plus costs. The typical costs are a filing fee of $100 and service of process fees of approximately $40.
After you have retained the lawyer there is typically an intake process in which the lawyer gets the basic information so that he or she can properly represent you. The lawyer typically drafts the divorce documents and you sign them in front of him/her or another notary. These documents include a divorce complaint, DR(6) financial statement, statement of children of the marriage, counseling statement, report of divorce, summons and automatic divorce order etc. It is important that the DR6 form otherwise known as financial statement is accurately filled out.
There are many important decisions that may need to be made before you file for divorce in Rhode Island. Strategy is crucial in many instances!
In some cases, the attorney will file a motion for temporary orders when the divorce complaint is filed. A motion for temporary orders should be filed if the husband or wife is in need of temporary resolution of issues while the case is proceeding. These temporary motions typically request temporary child support, payment / contribution to daycare , contribution to medical bills, alimony, payment of household expenses, payment of the mortgage, taxes and insurance. A motion for temporary orders can also address child visitation and child custody issues related to the minor children as well as issues concerning exclusive use and possession of the marital home. The temporary motion can also request temporary orders concerning: restraining orders both financial and personal and a myriad of other temporary issues. The motion for temporary orders will typically be heard by the Court within 30-40 days of the filing of the complaint for divorce.
If no temporary orders enter then there is no legal obligation of a spouse to pay anything while the case is proceeding until there is a decision by the judge or the parties sign a property settlement Agreement. If there are no temporary orders, the financial issues, visitation and custody issues will be up to the parties to figure out while the case is proceeding without the benefit of a court order.
If there is an emergency in which irreparable harm will be caused if the party has to wait for a court date, then an emergency motion should be filed with the complaint. An emergency motion must either be verified under oath or be accompanied by an affidavit. The attorney will bring the emergency motion to the proper judge and ask for an ex parte order. Ex parte means that the other side is not present to object. The Rhode Island judge will only consider the affidavit and documentation before him. If the judge signs the emergency order than it will be served on your spouse by the constable along with the divorce complaint.
These types of emergency motion typically deal with issues concerning abuse of a child, dissipation or unreasonable spending of marital assets, domestic violence, child abuse or a plethora of other potential emergencies. If there is domestic violence involved in which you are in imminent fear of physical harm or have been abused or threatened with abuse please discuss with the attorney the benefits of filing a separate case called a Complaint Protection from Abuse! Please note that the Complaint Protection from Abuse is very different from an Emergency motion.
The timing of whether the divorce or Complaint Protection from Abuse case is filed first or whether they are filed simultaneously could be crucial to your case.
If an emergency motion is granted and emergency orders enter then a hearing will be set approximately 20 days to determine if the order should stay in effect while the divorce case is proceeding. At that hearing your spouse has an opportunity to contest the motion and tell his or her side of the story. At that hearing, the Court will determine whether the emergency relief will stay in effect while the divorce case proceeds.
Please see part two to be finished later which describes the process from filing the complaint to the nominal divorce hearing.
David Slepkow is a Rhode Island divorce and family law lawyer concentrating in divorce, family law, child support, custody, visitation, personal injury, landlord tenant, litigation, criminal law and the general practice of law. David is a partner at Slepkow Slepkow & Associates,Inc. which was established in 1932 and is currently celebrating its 75th anniversary. David has been practicing for over 9 years and is licensed in Rhode Island, Massachusetts and Federal Court. David offers free initial consultations. Please goto our recently revised website http://www.slepkowlaw.com to obtain further information concerning Rhode Island law or to contact David Slepkow.
The Importance of Choosing the Right Divorce Lawyer
Choosing the right divorce attorney may have a huge long-term impact when it comes to coping with divorce, as financial stress may be lessened if you receive sound divorce advice. Therefore, hiring a competent professional attorney can mean the difference between a low-cost divorce and drawn-out divorce proceedings that seem to have no end in sight... Tips On Divorce Filing - Getting Yourself A Good Lawyer
When it comes to filing for divorce from your wife this is a decision which should not be taken lightly. It is therefore important that you also take time over deciding who will act as your legal representative to ensure that things go as smoothly as possible. Below we offer a number of tips on divorce filing which will help you in finding the ri... Tips On Divorce Filing - Things To Consider
When going through the process of filing for divorce it can be an extremely painful experience for all those involved. However by knowing what to expect throughout from first filing to the divorce being completed can make it much easier to deal with. In this article we provide a number of tips on divorce filing which you may find useful in helpin... Child Custody Papers
There are many factors to consider in filing child custody papers. You can file it yourself (in pro per) or you may choose to retain a family law attorney to represent you and file the child custody papers on your behalf. There may be local rules and procedures for filing your documents that you must adhere to. If you choose to represent yourself y... Divorce Attorneys
As with any legal process, the help of a competent and skilled lawyer is vital. This is because a good lawyer can get the best results for their clients. In divorce proceedings, this principle also applies as divorce can be very painful and complicated, which is why there is a need for a lawyer that can help mitigate more pain and complexities thro... Do You Really Need A Divorce Attorney?
If you are in the situation of going through a divorce or perhaps your spouse has already filed for a divorce, you may want to consider getting a divorce attorney. This is not so much for the complexities of the filings and paperwork that will need to be done, but more so from the aspect of protecting yourself.You are also likely to have many quest... Getting A Divorce Lawyer
When you are faced with the fact that you are getting a divorce it can be a very confusing time. Many do not realize what the first step is to getting a divorce. Sometimes it is a mutual thing between two people and other times it is a very sad and messy divorce that someone cannot believe is happening to them. Either way you have to get a divorce ...
Posted in Divorce Mediation | Comments Off
Friday, September 5th, 2008
Divorce can sometimes be the best option for a bad marriage. However, getting a divorce is not an easy task. The procedure usually involves a lot of legal complexities relating to the custody of children, property, alimony, child support, and other such issues. Letting a divorce lawyer deal with all of the messy issues is often the best choice for either party.
Divorce lawyers are usually lawyers that deal with family law. They are specialized in all areas of family matters and can provide sound legal counsel. It is usual, as well as safer, for both parties to use different divorce lawyers to deal with the proceedings. The divorce lawyer should provide excellent advice relating to the divorce proceedings, and also other matters that might surface later on.
Checking through the yellow pages will produce quite a list of all the lawyers practicing family law. However, the best kinds of divorce lawyers are most often known by word of mouth. Browsing through the Internet is another option to look for a good divorce lawyer. Many websites help their customers locate a good practicing family lawyer in a specific geographic area. Of course, locating a divorce lawyer through the state bar association is always an available method to those looking for accredited lawyers working for the government.
The first meeting with a divorce lawyer is the most important. It is very important to check for the lawyers credentials and experience in family law cases before signing an agreement. Checking the references provided by a lawyer is a good step toward verifying his success rate. Since all the lawyers that are members of AAML or the American Academy of Matrimonial Lawyers are highly experienced, getting one that is a member is an added bonus.
The lawyer you select should be able to provide all the legal help that will be involved in the divorce proceedings. The current number of cases that are being handled by the lawyer will also matter. Lawyers who are bogged down with work usually do not provide enough individual attention. Your lawyer must be able to be contacted at all times, either in person, or by phone.
Another important thing to consider before hiring a divorce lawyer is the fee. This could include the consultation, case-filing fee, and the method in which the fee is likely to be charged. Generally, there are ways a lawyer might charge. The first is a flat fee. The second is normally tallied at the end of the case on an hourly basis. A good lawyer should be ready to negotiate an out of court settlement or litigations from the other parties. A signed written agreement between the lawyer and the client is always the best way to seal a pact.
Divorce Lawyers provides detailed information on Divorce Lawyers, Cheap Divorce Lawyers, Divorce Without A Lawyer, Free Divorce Lawyers and more. Divorce Lawyers is affiliated with Family Law Courts.
Cheap Divorce Lawyers
Divorce lawyers are usually those lawyers that deal with the family law. They are specialized in all areas of family matters and can provide sound legal counsel when approached. It is usual (as well as safer) for both parties to use different divorce lawyers to deal with the proceedings.Checking through the yellow pages would produce quite a list o... Questions To Ask Divorce Lawyers
Legal dissolution of a marriage is known as divorce. A person needs a very good and affordable lawyer to give guidance through this difficult and painful experience. A typical divorce comes with a package of legal technicalities that extremely difficult to handle without professional help. Divorce Lawyers offer solutions to problems involved in a d... Free Divorce Lawyers
Divorce can sometimes be the best last option in a bad marriage. However, getting a divorce is not an easy task. The procedure usually involves a lot of legal complexities relating to the custody of children, property, alimony, child support and other such issues. Letting a divorce lawyer deal with all such messy issues would be the best choice for... Divorce Lawyers See Their Clients Through Trying Times
It may be the one lawyer everyone hopes they never need, but sadly each year millions of people do. With nearly half of all marriages ending in divorce, divorce lawyers have no shortage of potential clients. When a marriage dissolves there is far more to it than simply breaking up and moving out. Both parties must often endure a long and emotionall... Divorce Attorneys
As with any legal process, the help of a competent and skilled lawyer is vital. This is because a good lawyer can get the best results for their clients. In divorce proceedings, this principle also applies as divorce can be very painful and complicated, which is why there is a need for a lawyer that can help mitigate more pain and complexities thro... Preparing for Divorce Court
Although it is highly preferable to arrive at a legal separation agreement or divorce settlement through some form of mediation, there are times when a couple cannot reach an agreement and the case simply must go to trial.If you decide to have a trial, you must first fully realize that it is unlikely to be an easy divorce. Additionally, with lawyer... Getting A Divorce Lawyer
When you are faced with the fact that you are getting a divorce it can be a very confusing time. Many do not realize what the first step is to getting a divorce. Sometimes it is a mutual thing between two people and other times it is a very sad and messy divorce that someone cannot believe is happening to them. Either way you have to get a divorce ...
Posted in Divorce Mediation | Comments Off
Friday, September 5th, 2008
Although it is highly preferable to arrive at a legal separation agreement or divorce settlement through some form of mediation, there are times when a couple cannot reach an agreement and the case simply must go to trial.
If you decide to have a trial, you must first fully realize that it is unlikely to be an easy divorce. Additionally, with lawyers fees on the rise, say goodbye to the idea of having a low cost divorce and to thousands of dollars of your hard-earned money. Be prepared to postpone your life after divorce for another year, and possibly longer. In some states, judges have been known to take more than a year to even assign a court date.
The following divorce advice may help you know what to expect when you take your case to divorce court:
Remember that a divorce trial is public. Be on time and try to behave with dignity. Resist the temptation to get angry and emotional.
Be honest with your lawyer and with the court. Knowing that you are acting with full integrity will give you confidence when making your appeals
Work with your lawyer as a team to create a winning strategy.
Join a support group. Doing this will help you to work out the emotional stuff outside of the courtroom and outside of your lawyers consultation time.
Dress conservatively. Keep your appearance well-groomed, simple and light.
Avoid extravagance.
Speak clearly and audibly. If your words cannot be heard by everyone in the courtroom, you may be asked to repeat what you said.
Coping with divorce is often more difficult for those who need to have a trial. If there is still a possibility for mediation, do your best to work with your spouse and with both of your attorneys. At best, the professionals that you and your spouse hired are trying to offer their best divorce help to all concerned.
Nathan Dawson writes for http://www.lifeaftermarriage.com a great online source for finance information.
Contested And Uncontested Divorce
A divorce case is contested if the parties cannot agree on every one of the issues involved in their particular situation. Common areas of disagreement include, but are not limited to: grounds for divorce, custody of the children, visitation rights, division of the assets of the marriage, child support, maintenance (alimony), payment of family debt... Divorce Mediation A Relatively Speedy and Low Cost Alternative
Is it possible to have an easy divorce? A low cost divorce? Or do all divorce settlements necessarily end in hard feelings and financial ruin? The truth is that divorce can be low-cost and easy or it can be a long ordeal that can drag on for months. No matter how emotional things get, just remember that you always have a choice and that your willin... Divorce
Ending a marriage is not a simple process. Sometimes there can be a lot of heartache especially if there are children involved and if one party cannot except that the marriage is over.
In a divorce case the person asking the court for the divorce is called a plaintiff and, the other partner is called the respondent.In order to divorce, the coup... What You Need to Know About Alimony
Alimony, or spousal support is a court ordered payment from the spouse who earns the highest income to the other spouse. Alimony laws exist to help a spouse ease into life after divorce; it prevents the person from having to drastically lower his or her standard of living after a divorce. Financial situations in which both couples are employed usua... What is a Divorce?
Sometimes married couples do not get along and find that they are never going to make the marriage work. That is when a divorce comes into mind. A divorce is a legal action between married people to terminate their marriage relationship. It is a hard time for all that is involved.There is something that is called a no fault divorce. This means ... What is a Legal Separation in Divorce?
When a couple gets a legal separation, it is a lot like a divorce. It will involve the same process of filing papers with the court to start a legal action. The court will then have to make the decisions about where the children will live, debts, and assets in a divorce. At the end of the process, the parties are legally separated instead of bein... Divorce Lawyers See Their Clients Through Trying Times
It may be the one lawyer everyone hopes they never need, but sadly each year millions of people do. With nearly half of all marriages ending in divorce, divorce lawyers have no shortage of potential clients. When a marriage dissolves there is far more to it than simply breaking up and moving out. Both parties must often endure a long and emotionall...
Posted in Divorce Mediation | Comments Off
Friday, September 5th, 2008
1. Do not speak badly about your childs other parent.
The idea of speaking badly of your childs other parent will cause your child to become anxious and confused. He or she needs to make their own decisions about the person their other parent is. Just because you may have feelings of anger and resentments about your relationship with the other parent, does not mean that the child does, or that the other parent is a bad parent.
2. Do not block the access to the other parent.
I see this one all the time. You will not win any awards for intentionally blocking a parent and a child from seeing one another. This behavior only breeds anger and sadness in a child and makes the other parent increasingly angry and possibly desperate.
3. Let the child take his/her personal belongings back and forth from home to home.
Again, a very popular topic. I hear this dispute almost daily. If a child has a game or toy that he or she loves, let the child travel between their homes with it. The issue parents bring up to me is that because they purchased the product, it should stay within their home. The excuse is that they do not want it disappearing at the other parents home. Do you think that the other parent might play with it when the child is not there? With that said, moving cumbersome belongings back and forth is unreasonable.
4. Realize that your child or children do have two homes, not just one.
Enable your child to adjust to the fact that he or she has two homes. This could be a helpful idea to stress since most children live by the idea that the more one has the better.
5. Do not give messages, money or any other items to your child or children to deliver to his/her other parent.
I must stress to you that doing this makes a child the messenger and places he or she between his or her parents. In todays world of email, fax machines, text messaging, electronic transfers and other forms of communication, there is no reason to burden your child. This also decreases the likelihood that the child will misplace or lose something and get the blame for it.
6. Do allow your child to call his/her other parent freely.
A general rule of thumb is to enable the child or children to speak to their other parent freely. Allow them to call as they wish. With that said, the times a child would like to call their other parent must be reasonable. For example, your daughter asks to speak to her mother just as you are sitting down to dinner. It is perfectly fine to say that you would like to get through dinner first and then she can spend as much time as she would like on the phone with her mother. Realize that most of your childs phone calls will not take too long.
7. Do not make your child or children feel bad for enjoying their time with their other parent.
I saved one of the best for the last. THIS IS NOT A PARENTING COMPETITION! It is OK for a child to like to spend time with their other parent. That should not translate into you are a bad parent. I am aware that often times there are a lot of guilty feelings as a couple goes through a separation. Remember that is your issue to deal with, not your childs.
James J. Sellars, LCSW is a Licensed Clinical Social Worker in private practice and he is the owner of Nassau-Suffolk Counseling Services, PLLC. His office is located in Syosset, New York and specializes in divorce, custody, and parenting. For further information please contact him at 516-364-4728 or on the web at http://www.nscounseling.com
Divorce Legal Separation - What Does It Mean?
When a couple is having some marital problems, many times they will opt for a legal separation. This is much like a divorce and typically requires much of the same process of filing legal paperwork with the court. The filing of these papers will start a legal action.At the end of the filing process, the couple is legally separated but not yet off... Child Custody: Child Custody Orders and Judicial Authority
For many divorced and separated parents with children there will be a common answer as to why they ended up with the child custody and visitation arrangement they have. The answer being, the judge decided it. In other words, the judge chose the parenting arrangement you have based on his/her belief of what was in your childs best interest.Judges ... Co-Parenting through Chaos
Divorce isnt merely an end. Its also a beginning. Its an opportunity to move beyond the dark place youve lived since your separation and into the joyful light of a new life for yourself! Now you can build a strong, supportive environment for yourself and your children - a life that encourages and uplifts all of you. You can do it on your own ... Marriage Ended In Divorce, But Still A #1 Father
In todays American society, with approximately 52% of marriages ending in divorce, it is a given that you will encounter a friend or family member who has become an inhabitant of that niche of humanity. It may even be you.In most cases the children are awarded to the wife or there is joint custody. Depending on the reasons for the divorce and the ... Child Custody Basics Rights, Residency, and Relationship
Child custody is a legal term that is often used by the family courts to describe the rights and responsibilities of divorced parents and their minor children, the residency or placement of the children, and the relationship and/or amount of contact the children have with each parent. When divorced parents are unable to agree on such issues, the f... Divorce: Divorce and Legal Separation
In the United States, there are statistics that indicate that half of all marriages will end up in a divorce or legal separation. Often people do not differentiate between divorce and legal separation. Both divorce and legal separation refer to the situation when a couple decides not to live together anymore. But being separated is much different t... Divorce and Child Custody: Benefits of a Detailed Parenting Plan
When parents come to an agreement on a detailed parenting plan that reflects the overall best interest of their child they will often enjoy a more stable, predictable, and consistent schedule by reducing the amount of misunderstandings, conflicts, and legal costs often associated with litigation and the courts. A parenting plan is a document that ...
Posted in Divorce Mediation | Comments Off
|
|