Divorce Laws - Common Grounds Covered Under Divorce Laws

During a divorce, there is a very wide array of laws that may be applied during negotiations or trials. These laws may cover anything, from what belongings will remain is whose custody to child and spousal support and retirement savings. An attorney with experience in divorce proceedings is able to help someone ensure they receive all they may be entitled to during the process of seeking a divorce.

Child Protection and Support

Under the vast nature of these aspects covered by laws surrounding the nature of divorce, the most commonly known laws pertain to child support and material belongings. There are agreements that protect the assets one has earned previous to marriage, called prenuptial agreements. If a prenuptial agreement has been signed, it means that the assets one of the parties had gained previous to the marriage remain the sole possession of that party. In the case of a divorce, there would be no question that those assets would remain with the owner as stated in the prenuptial agreement. When there has been no agreement made or signed, the parties involved must come to an agreement regarding their belongings and other assets and who will retain custody of those items. If this cannot be done amicably, a trial may occur where a judge will make the decision instead.

Child Custody

In proceedings where children are involved, custody and child support usually come into play very quickly. Custody hearings may involve a separate trial altogether, but child support is usually approached under the initial divorce proceedings. It can be very costly to raise a child, and as most are aware, life as a single parent is no easy task. Child support payments may be required in order to ensure that the child's quality of life remains stable after the separation.

Spousal Support

Spousal support in an area that many people ask questions about. In some cases, one spouse may be required to assist the other in maintaining their quality of life. An example of this can be if a man asks his wife to retain the traditional role of housewife while he works. When a divorce occurs, this woman may not have the life skills needed to obtain work outside of the home and earn the money needed to maintain a healthy quality of life. A judge may rule that the husband is responsible to ensure of this, since it was he who suggested she forgo those life skills in order to fulfill the role of traditional housewife. This can also occur in opposite roles, where a woman may be required to provide her ex husband with spousal support payments.

These are just a few examples of what is covered by divorce laws, although there are many other aspects included and they do vary according to region. When considering a divorce, it is important to seek legal advice through an experienced and qualified attorney before making any decisions or actions.

Legal Directory
The Law Firm Directory helps consumers find Top Lawyers, Law Firms and legal consultants by geographic location or legal practice area.
List Your Legal Website: If you are an attorney or legal professional, consider listing your lawyer web site in our legal directory. See: Divorce Lawyers

Under the Tuscan Sun (Widescreen Edition)

UNDER THE TUSCAN SUN - DVD Movie

Price: $14.99

Click here to buy from Amazon

Men After Divorce - Divorce Recovery for Guys

Help men devestated by divorce to rebuild their lives and be free of depression, anger, guilt, and other issues arising from this experience. Focuses on healing emotional pain and providing a framework to deal with any of lifes problems that come after!

Check it out!

Divorce Law Basics From an Expert Divorce Attorney

Getting a divorce isn't always as simple as many people imagine. For some, a divorce is their first exposure with the court system. For others, negotiating the division of assets, child custody, spousal support and other factors can be handled outside the court system. That said, it's important to note that divorce laws can vary by state.

For example, if you live in Illinois, legal representation by an experienced Chicago divorce attorney can prove invaluable for navigating the choppy waters of divorce law. Below, we'll provide an overview regarding the grounds for divorce, the division of shared assets as well as child custody and spousal support.

Understanding Grounds For Divorce

When filing a petition for the Dissolution Of Marriage, a divorce may be deemed a "fault" or "no fault" divorce. Each state has slightly different laws regarding the classification. If a husband and wife have lived apart for 2 years or longer and irreconcilable differences have destroyed the matrimony, the divorce can be classified as "no fault." On the other hand, a marriage that has broken down due to impotence, adultery, 2 years of alcohol or drug abuse and other reasons may be deemed grounds for a fault divorce.

Division Of Property

During a divorce, the property that is jointly owned by the husband and wife is divided. However, there are many circumstances that dictate whether an asset that is acquired post-marriage is eligible for division. For example, Illinois divorce law makes a distinction between "marital" and "non-marital" assets based upon a number of conditions. These can include inheritances, exclusions based upon agreement and income generated by assets judged as "non-marital." A divorce lawyer in Chicago can provide guidance in complying with these property division rules.

Factors Considered In Child Custody

Negotiating child custody is often difficult in divorce cases. Typically, both spouses want a higher level of custody than the other spouse is willing to allow. When child custody cases are presented in court, the judge considers a number of factors before making a decision. While the child's wishes are often taken into account, the physical, mental and emotional development of the child can supercede them. This development can involve the willingness and ability of each spouse to maintain a continuing healthy relationship with the child if custody is awarded.

Factors Considered For Spousal Support

Many states view spousal support differently for divorce cases. In Illinois, alimony is determined by a number of factors including the monetary needs and earning ability of each spouse. The court will consider whether a spouse's devotion to domestic activities has had a damaging effect on that spouse's ability to earn money in the future. Having the help of an experienced Chicago divorce attorney can be valuable in presenting an argument in spousal support cases.

Hiring A Chicago Divorce Attorney

Getting a divorce can be a complicated process. While many divorces start amiably and objectively, they can quickly become emotionally exhausting. This is especially true when custody rights for children are being determined. Depending upon the state in which you reside, you should contact a qualified lawyer for representation. If you live in Illinois, hiring a Chicago divorce attorney can be instrumental in preserving your custodial rights, share of jointly-held assets and your interests regarding payment of spousal support.

Many people who seek a divorce are lulled into a false sense of comfort, confident that their soon-to-be ex-spouse will remain objective and open to an equitable distribution of assets and custodial rights. Unfortunately, emotions can often taint the process. The job of a divorce lawyer in Chicago is to negotiate on behalf of the client on the road to reaching a fair divorce settlement.

About the Author: Christine O'Kelly is an author for VojtaLaw.com, a divorce lawyer in Chicago who specializes in family law. Areas of expertise include divorces, separations, adoptions, paternity, child custody and spousal support.

Divorce Law 101 - Learning The Basics

Most state courts acknowledge divorce petitions filed only by persons who are under the jurisdiction of the District Court. To find out whether a person is eligible to file a divorce, he should meet the minimum residency requirement, which is 90 days prior to the date of filing. Below is a overview of some divorce law basics.

Acceptable Grounds for Dissolution of Marriage

Divorce is a fixed dissolution of marriage. Therefore, it is only right for the District Court to require a strong foundation for a married couple's desire to be divorced. For one thing, there are several legal and emotional repercussions that affect not only the couple but also their children. For example according to Colorado statutes, the only grounds for dissolving a marriage is when the marriage is irrevocably broken, and if this is verified by substantial evidence or testimony by both partners. A marriage that is irrevocably broken is seen as one that will most likely not be able to continue because of serious marital conflict.

Division of Property

The main stance of in many state divorce laws when it comes to the distribution of marital property is "equitable distribution." To be clear, equitable does not mean having both partners acquire an equal share of the assets and properties of the couple. Equitable is defined more by what is fair, not what is uniform. The court encourages every couple to settle their property and debt issues by themselves and signing a Marital Settlement Agreement, but if both parties cannot meet halfway, the Court steps in and distributes the properties in a fair manner. Factors that affect the Court's decision are: the contribution of each spouse in acquiring property, the value of the property, the economic circumstances of each spouse, and changes in value of the property.

Spouse Support

Again, a couple is expected to settle spousal support matters by themselves, but the Court gets into the picture of the couple fails to reach an agreement. Before the Court lays down an order for spousal support, some factors are first considered. These are: the financial status of both parties, the time needed to look for employment, the standard of living during marriage, the duration of the marriage, the age and health of the spouse seeking support, and the ability of the other spouse to provide for him/herself and the one seeking support.

Parental Responsibilities Allocation

Previously referred to as child custody, the allocation of parental responsibilities gets rid of the tendency for both partners to treat children like property that they have to be fought over. This gives children, especially the older ones, a lot of involvement in the Court's coming to a decision on where they should live.

Vernon Ready is a Denver family law lawyer and deals with cases that have to do with child custody, child support, marital agreements, restraining orders, adoption etc. As Denver divorce lawyer Vernon also handles divorce, separation and mediation cases. So if you live in the Denver Metro area and are in need of a good family law attorney then visit Vernon's website at: Ready-Law.com

Note: This article is for information only and cannot be considered legal advice. The information contained in this article is generalized for a wide audience, and cannot replace the advice of an attorney based on the specific facts of your case.

Getting Divorced - A Guide to Divorce Law

If you are considering getting a divorce it's 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.

Party Favor 4 Plastic "Diamond" Rings Princess Sweet 16 Bridal Shower

4 Count

Price:

Click here to buy from Amazon

Divorce Law Firm: Consider Some Ways A Divorce Lawyer Can Help You

You may be wondering how a divorce law firm can help you, as you might be considering saving money and doing it on your own. However, most people are greatly assisted by this type of attorney, especially in more complicated cases. Consider some of the ways that this kind of legal help can benefit your situation.

Many people divorcing their spouse are not going through a simple situation. They often have property and children with the other person, and want to know the best way to walk away from the separation with the results they want. It is a good idea to use a divorce law firm if you have a house, cars, or pets together since you will need someone on your side to help make a compromise with your spouse. While you may have to go to court to determine who gets what, meeting with an attorney can allow you to find out your options quickly so that you know whether the results you want are even possible.

Of course, having children together often makes this procedure more complicated. You will need to let your divorce law firm know whether you want full custody of the kids, and also decide the level of custody you want your spouse to have. It may take months or even years to figure out the details so that the situation works well for everyone, but approaching a lawyer about this issue is the best initial step you can take.

If there was violence in your marriage, you might consider getting a restraining order. A divorce law firm can help you take the steps toward that document, allowing you to feel safe as soon as possible. This is especially important if you have children who you think are in danger, as well. A good lawyer should offer you the information you seek, and help you get started immediately on acquiring the restraining order you need.

If you attempt to complete this process alone, you may find that not only do you fail to get the results you want, but you may also miss the support and encouragement that a lawyer can bring. Having a good divorce law firm on your side is often worth the money, especially if you need assistance determining the property you can take. Of course, making the best decision possible when it comes to your children, as well as getting a restraining order, is often even more important than figuring out property issues, and a good lawyer can help with it all.

For a divorce law firm Seattle offers a team focused on your needs and concerns. To know more, visit: http://www.piercefamilylaw.com/

Has NY Divorce Gotten Easier With the New No-Fault Divorce Law?

Until just a couple of months ago, if you wanted to get divorced in New York State you had to plead and prove fault grounds to be granted a divorce by the court. This basically meant that in order to get of your failed marriage you had to accuse your spouse of adultery, cruel and inhuman treatment, abandonment, or other equally morally degrading acts. Not only did you have to accuse your spouse of one or more of these grounds for divorce, you had to prove to the New York Supreme Court that they were true. This complicated things.

In the case of adultery, New York has very stringent standards that do not even allow as sufficient proof a spouse's own admission to adultery. Scorned spouse's would desperately want to prove that their husband or wife had cheated on them as their final act of retribution, but sometimes they could not meet the high bar that New York set to prove adultery. You would have to spend a lot of money on attorneys' fees, risk further hurting your family in an ugly divorce and waste a lot of time trying to meet these burdens of proof at trial. As you can see, the old system of fault based divorce was archaic at best and the cause of a lot of problems that are finally now avoided with the new no-fault regime.

Under the new New York no-fault divorce law, you can get divorced if your marriage has been "irretrievably" broken for six months. This means that as long as you and your spouse agree that you want to get divorced and will not argue the fact that your marriage has not been working for six months you can get divorced. Although, there is one caveat to New York's no-fault divorce law: you need to have been married for at least six months in order to claim that your marriage has been failing for six months. You would be surprised how many calls our law firm gets from people who have been married for a month or two and already want out.

Another common misunderstanding about the new no-fault divorce law is that it is not unilateral divorce. You still need to know where your spouse is to serve them, so that they can sign the divorce papers or decide to contest the divorce. You cannot simply get divorced without your spouse's consent or knowledge.

One of the many problems that New York's fault based divorce laws resulted in was that it inadvertently encouraged perjury. How could a law promote an illegal act? Its simple. By requiring couples to jump through unreasonable hoops in order to be granted a divorce, the law was actually provoking couples to tell them what they wanted to hear just so they could get out of their failed marriages. A lot of couples thought that the state government had no right to tell them whether or not they could get divorced and so they resorted to lying as a means to get out of their marriage. A comedic example of this were the numerous cases where a pregnant wife would claim the fault grounds of constructive abandonment, meaning that she and her husband had not had sex for over a year, but the child was theirs. Go figure?

After the New York Supreme Court began accepting divorces based on no-fault grounds on October 12, 2010, there has been a tangible sense of freedom in the air. When people who were unable to get divorced for years are finally able to end their failed marriages, the excitement and relief is palpable.

The new no-fault divorce law has made getting a divorce in NY much easier.

David Centeno is the founding member of the Law Office of David Centeno, PLLC, a boutique divorce law firm in New York City. The law firm offers free consultations to anyone considering getting a New York no-fault divorce. Call (866) 830-2064 to schedule your free consultation today. To obtain original content from David Centeno, Esq. please call the number above to discuss guest blogging, exclusive article writing, journalistic content, and all other forms of content creation.

Divorce Law

When you have hit a point in your marriage that you no longer wish to stay married there are two options in divorce law for you. You have absolute and limited divorce law to choose from. You will also find that some states have different views on divorce law above the national government. An absolute divorce is a termination based on misconduct in the marriage or a statutory cause. In this case the divorced couple is then considered single. With a limited divorce you will have a separation decree. In this case the divorce law is going to still see you as a couple despite cohabitation being terminated.

You can also choose a no fault divorce is several states. A no fault divorce is where the couple does not have a reason why the marriage failed and there are no grounds being bandied about. Previously in divorce law the judge or court of law would require some time of proof that a party in the divorce had done something wrong such as adultery, or another act. The no fault divorce allows for the divorcing parties to save face. They don't have to air their dirty laundry in front of others or provide a reason for the divorce. At the end of a no fault divorce the couples are then considered single.

You will also find that in divorce law a divorce decree can be contested. In this case the individuals applying for divorce has issues that the court must work out. Most often a contested divorce involves property or children. In the case of divorce law regarding children the parents must decide on custody. In some instances the mother or father may have restricted rights for seeing their child. There is also the result of alimony. During a divorce the court will take time to observe both parents and find an agreement in a child custody case.

For a contested divorce involving property in divorce law there are certain things to consider. If a prenuptial agreement was signed then the divorce will adhere to the agreement unless grounds are stated satisfactorily. In most contested divorces involving property the judge or court of law is going to divide the assets among the two individuals based on the arguments seen.

Divorce law is one of the increasing industries regarding employment. The United States has seen an exponential growth in divorce cases. It may be related to the new divorce law of no fault or other reasons. In either case you will find that there are several divorce lawyers available in every state. If you need to find a divorce lawyer you may seek referrals, go on the internet and research lawyers, and speak with the law board to make sure you are finding a lawyer that has passed the bar. In some cases divorce law can be settled with out the court of law. In these cases the divorce is amicable and the papers signed in one of the lawyers offices or neutral ground.

Jim Power is writer for the legal website about Divorce Law more information can be found at http://www.lawyermemo.com

Divorce Laws Around the World

Before the introduction of no-fault divorce 1970s, divorce in the United States and many other developed countries could be a difficult process. Back then it was necessary for one spouse to be at fault for some kind of wrongdoing, such as adultery. If no wrongdoing was involved, it was necessary to pretend something had happened. Fortunately the laws have changed, but there is still much variation in divorce laws around the world.

There are still many countries where divorce is not legally recognized. Although most industrialized countries around the world permit divorce, there are a few surprising exceptions. For example, it is far more difficult to get a divorce in Ireland than most other Western European countries: divorce only became possible in 1995, and even still two spouses must be separated for four of the past five years before they can divorce.

In Pakistan, although divorce is a legally recognized practice, the laws are designed to discourage divorce as much as possible. As a result, the divorce process is longer and more complex than in most of the industrialized world. Rather than simply submitting some paperwork, the husband must declare his divorce in front of witnesses and submit written notices to the government and his wife. The spouses must then wait at least 90 days and appear before an arbitration council before it can be final.

Divorce laws in Japan are very permissive and similar to those in most of the Western world. In particular, divorce in Japan does not require any official legal approval at all. Two spouses only need to consent to a divorce for it to be enacted: it is not necessary to involve lawyers, courts, or arbitration. Similarly to other industrialized countries, two spouses need only fill out a form with two witnesses and submit it to the local registry.

If you and your spouse live in the United States, you have the option of getting a no-fault divorce. No-fault divorces are a quick and straightforward way of ending a broken marriage, giving both of you the opportunity to begin anew.

If you are considering a divorce, visit the website of the Oceanside divorce lawyers of Fischer & Van Thiel, LLP for the legal assistance and information you need.

We Interrupt This Date

Since her divorce a year ago, Susan Caraway has gone through the motions of life. Now she is finally coming out of her shell. Just when she decides on a makeover and a new career, her family members decide she's crisis central. First there's her sister DeLorean who has come back from California with a baby, a designer dog, and no prospects for child support or a job. As soon as DeLorean settles in at Susan's home, Susan's son Christian returns from college trailing what Susan's mama refers to as "an androgynous little tart." Then there's Mama herself, a southern lady who wrote the book on bossy. A secret from Mama's past threatens to unravel her own peace. But not before Mama hurts her ankle and has to move into Susan's home with her babies-two Chihuahuas with attitude. Susan would like to start her new job as a ghost tour operator. She would like to renew her relationship with Jack Maxwell, a man from her past. But Jack isn't going to stand in line behind her needy family.

Price: $0.99

Click here to buy from Amazon

Georgia Divorce Laws

Getting a divorce can be a complex and messy process. However, a good divorce attorney can make the whole procedure quick and less painful.

Divorce includes a number of legalities that deal with the separation between a husband and wife. All such issues would be taken care of by a family law practitioner or an exclusive divorce lawyer specializing in that field. Interests of both the parties need to be considered during a divorce proceeding. It could be a difficult time for the whole family, and compassion, understanding and sympathy need to be part of the parcel of every divorce attorney.

The state of Georgia has a no-fault divorce policy. This means that the state does not require reasons for divorce, and the courts try to make the process as painless as possible for both parties. However, the division of assets and child custody require reasons for attainment of such. As in other states, Georgia accepts a divorce filing on the grounds of irreconcilable differences or irretrievable breakdown. Also, divorce is allowed when the partners have separated for more than a year prior to filing for the divorce. In such situations that case becomes an uncontested divorce and can be granted even when either party applies for divorce without both filing for the divorce together.

The court gets to decide who gets custody of the child. However, custody-related matters need to be finalized before the divorce is granted. The court would decide child support and custody matters while looking out for the child's best interests, in the event that the parents are unable to decide who receives the custody of the children after the divorce. Some judges would allow the child to decide which parent he stays with. But this is usually when the child reaches an age where the parents cannot bribe or entice the child to pick them, and the child is able to take independent decisions.

When granting a divorce, the court decides on property and debt assessment, tax issues, prenuptial agreements, Social Security benefits, life insurance, disability benefits, personal injury money as well as gifts that both received while together, along with the attorney fee. In the event one of the parties is unable to bear the cost of attorney fees then they can file for counsel fee pedente lite. Other than these, financial and spousal support when relating to child custody and alimony is also taken into account. In Georgia, either party can provide alimony and, depending on the lifestyle they have been used to, the court decides the amount. Any business that was started must be considered when the partners break up. As per Georgia divorce laws, all the financial assets and properties must be divided fairly and equitably, even when they cannot be distributed equally between both the parties.

Georgia Law provides detailed information on Georgia Law, Georgia Criminal Laws, Georgia Automobile Insurance Laws, Georgia Divorce Laws and more. Georgia Law is affiliated with Georgia Real Estate Lawyers [http://www.e-GeorgiaLawyers.com].

Common Divorce Laws Procedures

Each country and state has their own divorce laws. These laws in place so that the divorce process is clear and can go as smoothly as possible. While there are some differences, divorce law is fairly similar across the board regardless of what region you are in. This is because they are all trying to accomplish the same goal. The laws cover a wide range of aspects, and this article will discuss some of those. In western civilization, divorces are happening left and right as almost half of all marriages don't survive; though, this seems to be a problem almost everywhere.

Filing a petition is how the divorce process is started. Divorce laws identify the person initiating the divorce as the petitioner. The respondent is the other spouse, and when the petition if filed they are required to give a response. Co-respondents could be involved as well as others who have some sort of importance to the relationship.

People choose to file for a divorce for many different reasons. Put another way, certain acts or events are needed in order for a divorce to successfully go through. For instance, adultery, being apart for a period of time, unreasonable acts, among others are the types of events that provide grounds for divorce.

Getting a divorce does not have to be a long process and many resources are part of this that have to be considered. The petition will go along along with other important documents that are allowed by laws. These documents are very critical and will play a role in the aspects of the divorce that it pertains to. Copies of the petition will be served to the respondent. Another document is the statement of arrangement that will cover any children that are involved, specifically where they will live and go to school.

Other required documents include statements of reconciliation and a marriage certificate. In order to verify the aforementioned documents, a lawyer will be present with the petitioner. Where necessary, a public funding certificate will be applied. Court fees will also paid when required. According to divorce laws, the judge will ultimately make the decision regarding the fate of both parties. The grounds of the divorce that are held up on the petitioner's end will dictate what they will get out of it.

This is only a broad overview of the divorce procedures that go in in most places. Always know the laws in your area so you can be well prepared.

Read More

Legal Advice On Divorce

Divorce Separation Advice

Knock Knock Paper Pickup Nifty Note (Pack of 3)

Hearken back to a simpler time when schoolhouse crushes expressed interest with the passing of a yes-or-no notea€?not to mention the added benefit of avoiding face-to-face rejection altogether! Pad is 4 x 5.25-inches and has 50 sheets. Look for other Knock Knock products; our sensibility is proudly distinct, in contrast to the overwhelming homogenization and conservatism that characterizes committee-created corporate products. We believe that many people are intelligent enough to appreciate wit, wordplay, and conceptual thinking, so we strive not to dumb down as we create.

Price: $12.26

Click here to buy from Amazon

United States Justifications For Divorce

The definition of divorce is the legal termination of a marriage. While married couples have neither a legal nor a constitutional right to seek a divorce, most states typically grant them because mandating that a couple remain married when they do not wish to do so would go against public policy.

In the United States, there are two types of grounds for a divorce. They are: no-fault and fault. In some states, however, even if there are fault grounds that subsist within the marriage, no-fault is considered the only viable justification for a divorce. The other states permit the members of the couple to select either a no-fault or a fault divorce.

The concept of a no-fault divorce was first adopted in the United States in the late 1960's, and presently, almost all of the states permit some variation of it. In a no-fault divorce, the parties involved do not legally fault, or blame, one another for the divorce; "irreconcilable differences," "irretrievable breakdown," and "incompatibility" are some examples of the grounds for a no-fault divorce. In general, one spouse cannot prevent a no-fault divorce from being realized simply because when one spouse desires a divorce and the other spouse does not, this amounts to irreconcilable differences, which is one of the justifications for a no-fault divorce.

In many states, a "cooling-off period" of separation is necessitated for a certain amount of time before no-fault divorce proceedings can commence. For the duration of this period, the members of the couple are obligated to live separate and apart from one another with the objective being that the separation will become permanent. The specified length of the cooling-off period is subject to variation according to state law.

For the states that also allow fault grounds for a divorce, some common fault grounds include: cruelty, desertion, adultery, prison confinement, habitual intemperance (drunkenness or drug addiction), and impotency. In cases where both members of a couple are found to be at fault, courts will usually employ the doctrine of "comparative rectitude" and grant the divorce in favor of the party who is least to blame. Comparative fault may also be used in some states as a basis for conceding a greater alimony award or a larger segment of marital property to the spouse who is proven to be least to blame. Couples may be tempted to seek a divorce based on fault in order to prevent having to delay the divorce by complying with the state's obligatory separation requirements for a no-fault divorce.

With regards to fault divorces, there are several "defenses" that can be used, which include collusion, connivance, condonation, and provocation. These defenses are not employed often, however, with the potential reasons being that they necessitate witnesses as well as additional court time, which is costly and can prolong the divorce proceedings. Furthermore, even if one or more of these defenses can be proven, courts will generally still accord the divorce so as to not force a couple to remain married when at least spouse does not wish to do so.

The act of collusion may be committed by a couple who wants to bypass their state's mandatory separation period, and as a result, attempts to wrongly create fault grounds for the divorce. Connivance is when one spouse sets the other spouse up for wrongdoing and then uses it later as a justification for a fault divorce. The condonaton defense refers to when a member of a couple condoned a specific behavior during the marriage and then tries to use that same behavior as a fault ground for divorce. The provocation defense may be used when one spouse provokes the other spouse to commit a wrongdoing.

In the United States, there is a lot of state-by-state variation when it comes to divorce laws and the specific grounds required for divorce. For more information, visit the American Bar Association's Section of Family Law website.

Michaela Zanello is a contributing writer for Fee Legal Aid, a comprehensive, online database of free legal resources that can help guide you in your search for legal assistance. For more information, visit http://www.freelegalaid.com/.

Londons Times Funny Music Cartoons - Muskrat Divorce Attorney - Key Chains

Muskrat Divorce Attorney Key Chain is new, measuring 2.25w x 2.25h x 1/8d. Key Chain Tag has a glossy finish and comes with a hole for hardware. Our new key hanger makes an attractive decoration for any household, plus keeps keys organized and easy to find. Picture is printed on both sides of the key chain. Each includes snap-on key chain hardware.

Price:

Click here to buy from Amazon

Divorce Law - An Overview

Sometimes despite a couples best efforts, their marriage will come to an end. The process of legally ending a marriage is divorce. As many as one in three marriages end in divorce in the UK alone. While divorce itself is not especially complex, there are many elements that are tied into divorce that make it much more complicated, such as children and finances. On top of this, when a relationship ends there can be a lot of ill feeling between a couple, this means that the divorce process can often be an emotional and unpleasant thing to have to go through.

In the England and Wales, you need to prove that your marriage has broken down irretrievably in order to get a divorce. There are five legal facts which make up why a couple's marriage has broken down irretrievably. These reasons are adultery, unreasonable behaviour, two years of desertion or two or five years of separation. When the party wanting to get the divorce applies to the court, they will make a petition and be known as the petitioner throughout the process. The other party is known as the respondent. The petitioner will have to provide written evidence as to why the marriage has broken down including one of the facts written above. Most divorces are granted on the first two facts, adultery and unreasonable behaviour and stand undefended. To ensure the divorce goes smoothly, it can be a good idea for the petitioner to inform the respondent as to what they are going to include in the petition before they file it.

The divorce process has seven stages on average. It begins with the filing of the petition. The petitioner will have to provide the court with information as to why the marriage has broken down. If there are children involved the petitioner will also need to provide the court with a statement of arrangements which explains what will happen to the children after the divorce.

The next step is for the petition to be sent to the respondent along with a form for them to fill in and send back to the court. They will then have to decide if they want to dispute the petition, if they do they will have to fill in more forms and return them to court.

The petitioner will then have to confirm that what they have written in the petition is true by swearing on the affidavit.

The court will then pronounce the decree nisi and 43 days after this the petitioner can apply for the decree absolute which is the final stage of the divorce process.

Once the decree absolute is received the couple is legally divorced and they will no longer have any legal obligations toward each other.

The divorce process can be a long one depending on the circumstances of the people involved. Many couples will decide to go through the courts however, there are alternative divorce methods which can be a lot less expensive, time consuming and stressful than court proceedings, which are mediation and collaborative family law.

For more legal advice and information, and for free legal resources visit lawontheweb.co.uk.

Footprints in the Sand Inspirational Aluminum Accessory Tray Hand Made in America

Inspire friends and loved ones with this one-of-a-kind hand made bookmark which visually depicts the heartwarming truth that in good and challenging times, we are not alone. Based on the comforting "Footprints in the Sand" story. Hand Made in the USA. The design was painstakingly hand engraved by master die engravers into steel and then hand hammered in pure aluminum by great American craftsmen.

The Accesory Tray is signed 3 times - by the die engraver, master craftsman, and the company signaling the great pride in creating this tray in America.

Price: $15.00

Click here to buy from Amazon

Love On The Inside

Jennifer Nettles' voice is unmistakable: energetic, ferocious, and joyful. You can't ask for anything better when it comes to this country band's third album. Songs like "All I Want to Do" and "It Happens" are more upbeat than Sugarland's previous efforts, while "Keep You" and especially "Take Me As I Am" stray from the genre to evoke the spirit of Heart. --Ernesto Sanchez (People en Espanol )

La voz de Jennifer Nettles es inconfundible. Energica y aguda, feroz y alegre. Nada mejor para aderezar el tercer disco de esta banda de country que con canciones como "All I Want to Do" y "It Happens" logran sonar mas contentos que en sus previas producciones, mientras que en la balada "Keep You" y sobre todo en "Take Me As I Am," sobrepasan la frontera del genero recordando el espiritu de aquella banda de los ochenta llamada Heart. --Ernesto Sanchez (People en Espanol )

Price: $13.98

Click here to buy from Amazon

After Divorce Dating Tips

More than fifty percent of all marriages end in divorce, and all those divorcees have proven they want to be married. This guide is far superior to the usual "pick up artist" guides, with practical real world examples of how to get back into dating.

Check it out!

The Basics of Divorce Law - Child Support

According to Meislik & Levavy, the underlying principle behind child support is that "children of divorced parents have a right to be supported in accordance with the standard of living they had during their parent's marriage. The amount is based upon what an intact family with a certain level of income would spend for their child."

How do courts determine how much you pay in child support?

Each state has its own guidelines that courts must follow when determining child support payments. Your family law attorney should be knowledgeable about those guidelines, which will allow them to provide you with a preliminary calculation. However, these are merely "guidelines" and not "rules."

How long do you have to pay child support?

In most cases, child support payments stop when the child graduates from high school or completes four years of college. However, depending on the situation and where your divorce takes place, these timelines may differ. Some states require you to continue paying child support until the "child" is 21- years old. Other factors might include whether the child is still living with the other parent, has been married, entered the armed forces or passed away. After a certain age, your child may have the option to be emancipated, in which case you would no longer be required to pay child support. However, regardless of how often you and your child see each other (even if not at all), you are still required to pay child support until one of these other factors have affected the arrangement.

Where can you find child support laws in your state? The Administration for Children and Families (ACF) within the Department of Health and Human Services (HHS) is responsible for federal programs that promote the economic and social well-being of families and children. You can find their agencies listed by state here [http://www.acf.dhhs.gov/programs/cse/extinf.htm]. New Jersey parents can contact Family Lawyers, Meislik & Levavy or check the child support guidelines at the NJ government resource, here.

Divorce Law - What Your Divorce Attorney Should Explain About the Settlement Process

Many family law attorneys are out there with one purpose in mind - to make money. These are the attorneys that help give the entire profession a bad name. However, some divorce lawyers or child custody lawyers are actually interested in helping their clients.

A good way to find out if your family attorney cares about you and your life is to ask him or her about alternative dispute resolution (ADR). Many attorneys, though it would behoove them to explain all options to their clients, either completely ignore or gloss over the various methods of resolving a case.

1) Types of ADR.

Mediation. Mediation is a form of ADR whereby the parties (or parties and their attorneys) meet with a neutral third party to attempt to work out the issues in the case. The mediator usually is another attorney, but doesn't necessarily have to be. Mediation is usually a non-threatening environment and can be accomplished in numerous ways. Additionally, the parties or their attorneys can agree on who will mediate the case. If the parties can't settle during a mediation session, they can try again or move on.

Arbitration (binding or non-binding). Arbitration is when the parties present their case in front of a third party who then makes a decision based on what was presented. The general rules governing trials in court, such as evidentiary rules and civil procedure, generally do not apply during arbitration. There are two types of arbitration, binding and non-binding. Binding arbitration is when the parties agree that the arbitrator's decision is final, and they have to abide by it. Non-binding arbitration is when the arbitrator's agreement does not have to be followed.

Settlement discussions. Many people don't realize that settlement discussions between parties and their own attorneys are a form of alternative dispute resolution. Cases can settle all the way up to trial, but in a lot of instances people don't work towards settlement until the last possible minute. That is why you often hear the saying, "the case settled on the courthouse steps." While settling is always better, waiting until the day of trial to come to an agreement is also more expensive.

2) Why choose ADR?

Less stressful. Alternative dispute resolution, where the parties can control the outcome of their divorce or family law case, is a less stressful environment. Trials in court can be intimidating, and often this intimidation factor can sway the outcome of the issues.

Less expensive. ADR can certainly be less expensive, assuming it is done correctly. Even if the parties wait until the day of trial to agree on the issues during settlement discussions, that saves attorneys fees that would accumulate during the trial itself.

More options. Usually, the parties in a divorce can agree on things and put them into a settlement agreement that the court may not have the authority to order. For example, in some states, the court cannot order the parents to pay for the college education of their children; however, the parties can agree to provide for college education in a settlement agreement, and the parents will have to abide by that agreement.

You make your own decisions. This is a continuation of ADR being less stressful. Rather than leaving the decision making to a Judge, who doesn't know either party, the children, or the facts of the case before trial, the parties (who lived through the marriage) get to make the decisions.

You strengthen your relationship as parents or as divorced adults. This is extremely important, especially for parents. Children of divorce thrive when their parents can show a united front and agree on things. Additionally, coming to an agreement can also help with the healing process.

The truth is that most cases settle. But the sad truth is that most settle late in the game or on the eve of trial. This can be avoided with planning and hard work from both the attorneys and clients. It is a shame that sometimes, while the clients are willing, the attorneys only care about themselves.

Divorce and family laws vary depending on your state. If you need divorce help in Maryland or Virginia, you should find a Maryland divorce lawyer or Virginia divorce lawyer.

Understand Divorce Laws

In the last 39 years, dramatic changes have been made in the laws surrounding divorce and the proceedings that follow in the United States. To understand divorce law you must understand the legalities of these changes. The changes made throughout this time have significantly altered how one may apply for a divorce and how divorce affects both partners and children. In order to apply for divorce or separation, it is very important to understand divorce law basics.

Each state in America has its own specific guidelines surrounding divorce and the process involved - including the division of marital assets, property and children. Until 1970, divorce was globally viewed as social taboo, and discouraged and avoided by the standards of society. To understand divorce laws, you must be aware of the ways in which someone was found guilty in a divorce hearing. Courts in all 50 states only granted divorces on the basis of a marital fault. This could include, but was not limited to: adultery, abuse, mental and physical abuse, or some other form of wrongdoing. The hearing always awarded a loser and a winner based on who was seen to have performed the misconduct. If the husband was found guilty, he was punished with submission of a large portion of the marital assets to his wife, and/or loss of custody of his children. The opposite obviously applied if the wife was found guilty. Prior to 1970, it was viewed that the innocent spouse was rewarded by staying true to the vows of marriage and the guilty party punished for their wrongdoing.

Understanding divorce law is a difficult process, but the basics of which are easy to grasp. The system of divorce in the United States has changed dramatically since. In 1970, California was the first state to pass the no-fault divorce law in the United States. To understand divorce law, one must realize that this is a divorce where the termination of a marriage does not require any wrong doing by either party. No guilty or innocent verdict is given and neither party has to have committed serious marital misconduct for the divorce to proceed. For an exaggerated example, either party may be literally 'unhappy' in the relationship for the divorce to go ahead.

Another key step in understanding divorce laws is knowledge of the prenuptial agreement. A prenuptial agreement is where a contract is entered into by both parties prior to the wedding; including provision of division of marital assets should the marriage dissolve. In other words, it is an agreement between both husband and wife of the division of money, property and marital assets if the marriage ends. This stops either party taking large percentages of their spouse's assets in the event of a divorce. This is a common occurrence in examples where one party may be significantly wealthy prior to marriage, and wants to protect their assets should the marriage end in divorce. The contract generally includes specific terms of asset division should one party engage in adultery, or commit significant marital sin.

Trey Nuthbert spent most of his childhood swimming laps. It was a blast, but swimming back and forth all day can get monotonous. Trey has been working on a site with reviews of underwater MP3 player, so if you are looking for a, take a look at his site.

Funny T-Shirts (JUST MARRIED) Humorous Slogans Comical Sayings Shirt; Great Gift Ideas for Adults, Men, Women, Boys, Youth, & Teens, Collectible LOL Novelty Shirts

This great quality shirt weights 6.1 ounces and is 100% pre-shrunk heavyweight cotton short sleeve shirt with double needle stitched collar, sleeves, and bottom hem; seamless collar with taped neck and shoulders. These high quality crew neck shirts can be worn by Men, Women, Teens & Youth. See other pictures on this listing for size chart.

Price:

Click here to buy from Amazon

Is the Process For an Uncontested Divorce in California Simple?

Uncontested divorce laws in California may vary from other states. In fact, many divorce, child support and custody laws are different in each state as well, so speaking with a family law lawyer in California is important for residents of the state. Moreover, each divorce case may be unique in its own way, so speaking with a family law attorney regarding specific steps required for your case is important.

If no fault is claimed in the case, the process tends to move through the Court much easier. These divorces are also much cheaper than contested divorces in which one party must prove the other was at fault. An uncontested divorce in California or in other states is possible if both sides cite irreconcilable differences as the reason for their divorce; neither party is claiming the other to be at fault for the failure of the marriage and the process is usually a lot simpler.

In an uncontested divorce in California, both parties are in agreement regarding the division of their assets, child support issues, child custody and any other issues that may be present in the divorce. While a couple may file for divorce without assistance from an attorney, hiring one to draft up the paper work so that one's legal rights are protected often proves beneficial.

In some cases, the Court may decide who gets custody of the children once they determine what would be in their best interest. If a party objects to the ruling, the case becomes contested and an attorney should be consulted to dispute the Court's ruling.

When spousal support becomes an issue, the uncontested title is removed from the divorce and it becomes contested. Spouses that request alimony or other support often face opposition from the other party. Both sides are encouraged to speak with an attorney to reach a settlement on the matter or to do away with the notion altogether.

An attorney is also helpful if legal terms become confusing. Many people do not fully understand the meanings of various custody terms such as joint legal custody and sole physical custody. If the Court grants this type of custody, both parties will have a legal right to make decisions regarding their child's education, health, etc. The child will live with one parent with visitation rights granted to the noncustodial parent.

Understanding the particulars of any divorce case is important. While this type of divorce is the easiest, it may provide unexpected twists and turns so be sure to seek qualified legal counsel when necessary.

Justin recommends to discuss your case with a California Uncontested Divorce Lawyer or just get the forms online. However, a California Divorce Lawyer is best, so visit the offices of Diefer Law Group.

Mens Divorce Tactics-Converts 1:15

Affiliates earn 60%-Very high conversion! Lucrative bonus structure for top affiliates.

Check it out!

Beethoven's 2nd [VHS]

This 1993 sequel to the St. Bernard hit finds big, fluffy Beethoven now at home with gruff-but-lovable dad Charles Grodin, supermom Bonnie Hunt, and their three kids. The story continues with Beethoven falling for a female St. Bernard and having a litter, unbeknownst to Grodin, while the new dog's owner (Debi Mazar) starts angling for benefits from this union. The larger dog pool certainly adds more cuteness and laughs to this follow-up, and Grodin and Hunt--consummate professionals--don't let sequel-itis lower their energy or their wonderfully idiosyncratic way with dialogue. Mazar brings her own edge to the proceedings, too, but in the end, the film's accent is still very much on a feel-good experience for everyone. --Tom Keogh

Price: $9.98

Click here to buy from Amazon

What's Love Got To Do With It?

Tina Turner, that dynamic diva of pop/soul/R&B from the '60s to the '90s, sings like a woman whose life story is every bit as rough and tough as her voice. And What's Love Got to Do With It, based on her autobiographical account (in I, Tina, written with Kurt Loder) of her years under the iron fist of her abusive husband and musical partner/Svengali Ike, is further proof of what we've always known about Tina: She's what you call a survivor. The movie is sort of the Disney version of Tina Turner's story--a glossy but thoroughly enjoyable, old-fashioned showbiz biopic with laughs, tears, great music, and outrageous (but faithful) period decor, costumes, makeup, and hairstyles. Our Heroine triumphs not only over the rigorous demands of her career in the music business, but finally manages to bust out of her troubled, violent marriage as well and become her own person. This is a movie that'll have you shouting at the top of your lungs: "You go, girl!" --Jim Emerson

Price: $14.99

Click here to buy from Amazon

Londons Times Fish Fishing Deep Beneath Cartoons - Fish Divorces Haddock With You - Coffee Gift Baskets - Coffee Gift Basket

Fish Divorces Haddock With You Coffee Gift Basket is measuring 9x9x4. Contains 15oz mug, BONUS free set of 4 coasters, biscotti and 5 blends of gourmet coffee. French Vanilla, Kenya AA, Decaf Colombian Supremo, Chocolate and Italian Roast Espresso elegantly presented in our signature black planet coffee gift box. A very nice and thoughtful gift for any occasion.

Price: $54.99

Click here to buy from Amazon

Say 'no' To Divorce - The Secret To Saving Your Marriage ebook

Discover the secret to breathing life back into a marriage spiraling down to divorce. Simple and effective techniques anyone can use with or without their partners support.

Check it out!

Divorce Ammo - What They Dont Tell You About Divorce

Now Earn 75% "Divorce Ammo - What they don't tell you about divorce". This is filled with top divorce tips, divorce strategies, and advice from first hand experience. Also Free report offer 'Are They Hiding Money During a Divorce'.

Check it out!

Mildred Pierce (Keepcase)

For a full dose of pure, unfiltered Joan Crawford, look no further than this slab of scorching film noir. Crawford is in her element as the heroine of James M. Cain's pulp-fiction classic, a ditched wife and mother who is forced to become a waitress. On the strength of Crawford's steely willpower (and maybe those intimidating wide-wing shoulder pads), she constructs an empire of eateries, only to be disappointed by her rotten daughter (Ann Blyth) and a ferret-faced new husband (Zachary Scott). Director Michael Curtiz (Casablanca) whips up a storm of atmosphere, and the script is a series of tartly written exchanges. The best lines go to perennial wisecracker Eve Arden, as Crawford's acid-tongued pal--she earned her only Oscar nomination for the role. Commenting on the ungrateful daughter, Arden says, "Alligators have the right idea. They eat their young." Crawford herself took home the best actress Oscar, and the film was a triumphant personal comeback: her longtime studio MGM had released her from her contract before Mildred Pierce came along. Is this great acting? (Pauline Kael called it "heavy breathing.") Whatever Joan Crawford is doing in this movie, it's movie presence at its most formidable. --Robert Horton

Price: $19.98

Click here to buy from Amazon

Necessary Steps to Consider When Choosing the Right Divorce Law Firm

Divorce takes place when the married couple is not functioning well. There are many reasons why couples want to separate and want a divorce. It can be from lack of mutual understanding between couples such as not working out their family issues and problems. Main reasons of divorce are that the couple cannot live a happy life because the family income is so low that it is very difficult for the couple to live together.

There are many vast issues and problems that can occur in marriage which can lead to divorce. There are cases where you see that wife wants a divorce because of the inhumane behavior, such as torturing and beating his wife, or there are cases where the wife or the husband finds out about the secret affairs they are having. In some instances divorce takes place when the wife is the sole bread winner of the family and the husband is doing nothing in order to run the family. Such non working husbands cause a lot of problems to their wives concerning minor issues and making it a major issue in their relationship.

When taking a divorce a couple should know that they are taking a huge step in their life as to ending a relationship and a family as well. Taking a divorce can be a lot of hassle as it is a long and difficult process. You should choose a divorce lawyer of a law firm which is quite experienced in handling these cases or it is their part of field to litigate on. Choosing an inappropriate lawyer or a law firm can cause you extra loss of money and not the right procedure to work on.

When you have made up your mind to have a divorce, then you should consult through different areas of searching through internet, through newspapers and magazines and even a word of mouth can help even. You should also keep in mind some few things to consider when you are going to select a lawyer for yourself.

The lawyer or the law firm should be well established and have good experience in handling such cases. You should tell each and every details and problems of your relationship without any worries to your lawyer because the more you will enlighten him or her with the knowledge of your marital relationship, it will be easier for him and you to carry out the litigation process. Lawyers should know each and every detail well because he is the person who will be litigating in the court for your divorce. Lawyers not only fight for divorce, but they can also advice you to settle down your marriage in a decent manner.

Lawyers are one of the highest paid professionals in the world and they charge quite handsome amount. So make right decisions when carrying out the divorce process because you don't want to waste so much money without any effective result.

Learn more about Florida family law and No Kids Florida Divorce at Divorceyes.Com.

Londons Times Gen. 2 Society Culture - Divorce Highway - Mouse Pads

Divorce Highway Mouse Pad is measuring 8w x 8h x .25d, soft commercial quality high resolution product. The image is permanent and becomes part of the mouse pad surface. Our transfer method produces professional matte finish with Premium Quality and Superior image resolution.

Price: $13.99

Click here to buy from Amazon

Papers for Divorce

State specific divorce papers, marriage settlement and child custody agreements. Immediate download and printable.

Check it out!

Commonly Asked Questions and Answers About GA Divorce Law

Do I have to comply with any legal waiting period in Georgia before I can file for divorce?

No. As opposed to some states, Georgia does not require any period of legal separation before one can file for divorce.

How long does it take to get a divorce decree in GA?

The answer varies widely, and it depends in large part on how you and your spouse handle your divorce. If it will be a simple uncontested divorce, you can usually have your divorce decree issues in as little as thirty-one days after your spouse has been served with the divorce paperwork. On the other hand, if you and your spouse are going to be debating serious issues such as child custody, child support, alimony payments or the division of marital property, the divorce process can take months or longer.

What should I do if I have been the victim of domestic violence?

Tell your lawyer, or if you do not have a lawyer, tell the court. For your safety, it may be necessary to obtain a temporary or permanent restraining order to protect you and your children from your spouse.

What is the difference between a fault and no-fault divorce?

Georgia is considered a "no-fault" divorce state, which means that either spouse can claim that the marriage suffers from "irreconcilable differences" which will be sufficient grounds to obtain the divorce. There need be no other grounds according to Georgia law, such as abuse or adultery. The result is that if one spouse wants a divorce, there is little the other spouse can do to stop it. Interestingly, even though Georgia is a no-fault state, at times attorneys will pursue a "fault" divorce anyway. For instance, if adultery can be proven, there is a chance that alimony payments would not be permitted, in which case a fault divorce would have significant benefits over a no-fault divorce.

Does Georgia law provide for legal separation?

Yes. For many couples who do not want to get a divorce, they can apply for a legal separation (otherwise known as a separate maintenance action) which accomplishes many of the same things as a divorce without the final issuance of a divorce decree.

Do I need an attorney?

No. In Georgia, any individual can represent themselves in a divorce proceeding. Importantly, however, when you choose to represent yourself, you are essentially choosing to serve as your own lawyer. As such, a judge will expect you to behave like a lawyer and follow the court's rules on GA divorce law. If you are not familiar with the legal system, this can be frustrating and you may be putting yourself at a serious disadvantage.

Joseph Woodard is a divorce and family law attorney practicing in the great state of Georgia. He authors articles on GA alimony payments, GA child custody and child support, prenuptial and post-nuptial agreements, the division of assets and debt in a Georgia divorce, and more.

Do You Know How To Choose a Divorce Lawyer?

Whatever you do, never go to the Yellow Pages to select a prospective divorce lawyer. Lawyers must be chosen very carefully. Money dished out for fees for the divorce lawyer is an investment in the future of your precious children. So, always search the backgrounds and complaint history of potential lawyers carefully.

There are several very accessible places to look for the background of potential lawyers for a divorce. There is a law dictionary called "Martindale-Hubbell" that lists some personal history and geographical location of lawyers. This does not however, mean they list complaints. Any lawyer should be listed members of the American Bar Association. The American Bar Association will have such information.

Lawyers can go through an initial consultation with any of the parties in the event of divorce, but cannot legally represent the other party if counsel spoke with any litigant in your suit. So, get there first for the initial consultation particularly if a local family lawyer is a known "Shark." Contact that lawyer immediately!

The best option for your "shark" of is a lawyer that has experience dealing with cases of divorce. In this way, you will always get more thorough explanations of more options than with a young, inexperienced lawyer. Your lawyer will be a good listener and will be a qualified lawyer and negotiator that is proven by experience. They will demonstrate the tactical wisdom evidenced over the years. This person will also exhibit compassion and never devalue you by acting superior in any way.

Work with a relationally with your lawyer and be a client that maintains control of your case. At the same time, your lawyer must be one who demonstrates patience if you do not know much about divorce law. At times, a lawyer may not be appreciated because of some of the tactics used for the sake of the client. That is perfectly okay. Counsel will be happy to explain why some things should only be done when it benefits the family in the long term.

The best lawyer will be a highly versed divorce lawyer in divorce law, but also understand the tax law, real estate values and the real estate law. Your lawyer should be able to determine child support budgets, be acquainted with retirement law, and know someone in forensic accounting.

For some of these areas of expertise, lawyers will use experienced outside professionals. They have a network of qualified experts contracted by their office to take advantage of psychiatric evaluations, to find money "hidden" perhaps by the other party, and they can get legal access to computer data banks.

Get a copy now of a book written by a couple of doctors for you who have, for over 25 years, dealt with custody battles and negotiations daily. Go to: http://www.mykidzvoice.com/2011/02/12/what-are-my-rights-as-a-parent-and-an-ex.html and "Click here" on the top left of the post! Become an informed and empowered parent and divorcee!

Robyn Ball has been working to help people by writing, publishing, and earning her way online since 2008. She writes about trucking, parenting, kids, and fashion for now.

Special Features of Divorce Laws

Divorce laws are quite the same in almost all the states. However, there are some facts that separate the Arizona divorce laws from some other states. It is definitely a matter of research to find these differences. Out here in Arizona, the default format of divorce is supposed to be no fault divorce and no reasons are required to be submitted for the divorce. This means that the divorce can be granted quite easily in Arizona. The Arizona state court calls these cases the dissolution of marriage. However, they definitely try to know that is the divorce being taken irretrievably or there are still some ifs and buts in the case. This has to be cleared otherwise such cases are not going to be listened inside the Arizona court.

It is not required that one spouse put forward the pitfalls of the other spouse and this is the biggest difference between the Arizona laws and the other states laws. There are only few states that by defaults, follows the no fault format and there is urgency in clearing off the case. Arizona supports covenant marriages and follows some rules as well as regulations that need to be filled like alimony, felony, adultery and so on. These facts need to be fulfilled definitely, if one wants to get through the covenant marriage process.

At first, the petition for the divorce cases is being issued. However not all couples are allowed to file the petition and it is necessary that the couple must be living in that county for more than 90 days. This is definitely very important. There is one new term called the consent decree. If both the spouses are ready on the entire angle then they can submit the consent decree to the judge and in this way, the case will be solved within few days. However, in straightforward cases the court grants around 60 days to the other spouse to prepare and then reply to the petition. If he or she is not found to reply within 60 days then the court might go against them out here in Arizona.

It should be kept in mind that the Arizona is the community property state. Hence, it is quite important to understand that both the spouses own all the assets and properties and hence it is the right of the court to distribute all the assets equally between the spouses. However, there are some exceptions. If one of the spouses is able to prove the abnormal expenditure on any asset then the court might grant the questioning spouse a bigger share of that asset.

As far as the child custody is concerned, the court tries to look at the interest of the child. The spouse willing to look after the child in better way is being given the custody of the child as well as the support rights. Similar decision is being taken in case of the alimony as well but alimony is generally granted through the court. However, if there is some mutual agreement then this might not be the case. However, in general the Arizona divorce laws are quite straightforward and simple.

Get rid of the hectic marketing and searching, and read about the best and original divorce papers out here. Also, research here more on the best collaborative divorce guidance and consultation at affordable rates.

California Divorce Overview - Basics About Divorce Laws

California Divorce Overview

California is a 'no-fault' divorce state, which means that when a spouse requests a divorce, they will not need to specify a reason or prove wrong-doing on part of the other. From time of initial filing, the soonest a divorce can be finalized is 6 months.

No-fault does not mean no disagreements, though. If you foresee that there may be disagreements regarding how the family assets are going to be handled, or how the kids will be cared for, get professional advice immediately.

Even if you both agree on how to separate your lives, it is important to have the agreement reviewed by a professional. An advisor who has been involved in many divorces can help you spot weaknesses in the agreement and will help ensure that the final agreement is strong and will last for many, many years.

Residency Requirements

To file for divorce you must have lived in California for at least six months and be a resident of the county in which you file for at least three months. If the other party lives in another state they have the right to demand that the case be heard in their state. And most likely they are going to request just that. Keep that in mind when consulting with an attorney, you will most likely need one that is located in the state in which the case is going to be heard.

Grounds for Divorce

To obtain a divorce in California a spouse may file on one of two grounds: Irreconcilable differences and incurable insanity. 'Irreconcilable differences' basically means that the applicant believes the marriage cannot be saved.

Because California is a no-fault state, the party filing for dissolution is not required to state why they wish a divorce and they are not required to provide any documentation regarding their reasoning. In fact, the court will not consider any data having to do with why the divorce is being requested or why it should be denied. The simple fact of a request for a divorce by either party is considered sufficient grounds to grant it.

If you and your spouse have no assets or children, then filing for a divorce can be done with little or no professional assistance and little cost. If there are material assets or if there is any disagreement about how the assets of the marriage are to be divided, or if there are kids involved, then professional legal assistance is very important.

Role of the Court

The court has established a process and a procedure for divorce. The steps are as follows:

The party that initially files for a divorce is called the 'petitioner'. The papers they file with the court are called a 'dissolution of marriage' or dissolution for short. These papers simply describe that a divorce is desired.

The other party is then officially presented with the dissolution documents, a process which is called 'service of process'. The receiving party is referred to as the 'respondent'. The date of service establishes the start of a 6 month period which California courts require as a minimum time to grant a divorce.

The respondent has 30 days from time of service to file an answer with the court. If the respondent does not file an answer, the court will record a 'default' and simply grant the divorce when the 6 month waiting period is complete. This is often called a 'no contest' divorce and is common practice when there were no assets to divide and no children. If you have been served divorce papers and if there are assets to divide or children involved you must take action within 30 days or you will lose important rights.

When the respondent files an answer, this starts the process of 'discovery' in which the parties each have a chance to describe to the court the assets they feel should be involved in the divorce, present their wishes regarding its distribution and also present their wishes regarding the custody of the children.

In cases where the parties can agree between themselves regarding the assets, their distribution and custody of children, the time and expense of a divorce is greatly reduced. If you are involved in a divorce and there are assets or children involved, it is important that you secure professional help. A professional will help you establish an agreement that is in your best interests and which takes into account the well established standards regarding asset distribution and custody.

If the applicant and respondent do not agree regarding the assets involved in the divorce, their division or on custody matters, then it is up to the parties (through their attorneys) to present evidence to support their wishes and it is up to the court to make a decision based on the evidence presented. A contested divorce in California that involves modest assets can take between one and three years to resolve.

Division of Property

California courts will, to the extent practicable, divide "community property" equally. Community property is what the couple earned (assets minus debts) from the time of the marriage to the date of their separation.

Community property can be divided unequally by mutual agreement. For example, one person may assume all the family debt in exchange for another benefit such as keeping a retirement account. In rare instances, the court may find compelling reasons to divide contested community property unequally. For example, if the court feels that one party is in need of more support that the other, it may award that party a higher share of the marital property.

Prenuptial Agreements

A written agreement made prior to a marriage that describes the distribution of assets should there be a divorce is called a prenuptial agreement.

Agreements made in writing by both parties regarding distribution of assets either before or during the marriage will be held valid and enforceable by the court unless either party can prove that the agreement was made under duress.

Child Custody

Custody and visitation issues top the list of concerns for couples involved in a divorce. For many years to come the now ex-spouses must continue to plan their lives together and negotiate the dozens of choices that come up when raising children. Judges will go to great lengths to get the two parties to make their own decisions and solve their own conflicts.

It is typical practice to establish one parent as having primary custody. That parent is referred to as the 'custodial parent'. The other parent is referred to as the non-custodial parent. Regardless of the schedule, in most cases the parents are required to make important child care and upbringing decisions together.

In California, any couple which cannot agree on custody or a visitation schedule is obligated to participate in and complete a counseling program prior to their disagreement being taken up by the court.

Judges that are forced to make custody and visitation decisions will base their rulings on evidence provided by the spouses and by professionals, such as psychologists, family service representatives or doctors. The judge will also take into account any history of child abuse, drug or alcohol addictions and any protective orders that may have been issued to help determine what is in the best interest of the child. However, the courts in California tend to grant joint custody, where the parents share in the day to day care and in making decisions regarding upbringing.

Based on the above factors, most spouses come to an agreement regarding custody and visitation schedule for their children rather than depend upon a judge to decree what is best. This is an area where professional legal assistance is a must.

Child Support

Child support is paid by the non-custodial parent to the custodial parent to help support the children. This is normally continued until they reach the age of 18. As with Custody, the court will support mutual agreement that the spouses may be able to make.

If the parties cannot decide upon a support amount and payment frequency, child support is set by the court and will be calculated based on the California State Guidelines and on any data that the parties may present. The State Guidelines are designed to be fair and equitable to the parents and more importantly, be in the best interest of the children.

You can calculate the child support amount for your case by either contacting an attorney, who has access to a support calculator, or by going to the County Clerk and requesting the official forms upon which you can calculate the amount likely to be set, if left to a judge. This is vital data for you to have before you discuss support with your spouse.

Child Support Modification

California law allows either party to apply for a change in child support payments. The law requires that before a support change will be considered by the court, a material change in the status of the parties or the children must have occurred. This can include a change in the financial status of either party (for better or worse) or a change in the needs of the children such as education costs or an illness.

Spousal Support

Spousal support (alimony) can be established in a prenuptial agreement, it can be mutually agreed upon by the parties and presented to the court during discovery, or if no agreement can be reached the court will consider the facts as presented and award it based on the financial status of each of the parties and the nature of the lifestyle enjoyed by the couple during the marriage.

There are several forms of spousal support. The first is temporary maintenance, which is paid during the trial or proceedings and before the divorce is finalized. There is rehabilitative maintenance, most often done in short marriages ( less than 10 years) where one spouse pays for the other to complete an education or training program. And lastly, permanent maintenance, where the court sets a support amount to be paid on a long term basis.

In determining spousal support, fault can play a role. However, only the fault of the party seeking maintenance is considered, not the party who would pay. Special needs, such as a disability, are considered in determining maintenance.

The needs of one spouse and the ability of the other to pay are the primary factors in determining support amounts. Since most spouses work, spousal support (if necessary at all), is usually for finite period of time and modest amount. Spousal support in California can continue for an indefinite period, and it may be increased or decreased if there is a change in either party's circumstances.

By: Demetria L. Graves, Esq.
The Law Offices of Demetria L. Graves
866 930-0582
http://www.attorneygraves.com
Los Angeles, California

**This article is not intended to be legal advice. You should consult an attorney in your State for advice regarding your individual situation.

Divorce Law - An Overview

Sometimes despite a couples best efforts, their marriage will come to an end. The process of legally ending a marriage is divorce. As many as one in three marriages end in divorce in the UK alone. While divorce itself is not especially complex, there are many elements that are tied into divorce that make it much more complicated, such as children and finances. On top of this, when a relationship ends there can be a lot of ill feeling between a couple, this means that the divorce process can often be an emotional and unpleasant thing to have to go through.

In the England and Wales, you need to prove that your marriage has broken down irretrievably in order to get a divorce. There are five legal facts which make up why a couple's marriage has broken down irretrievably. These reasons are adultery, unreasonable behaviour, two years of desertion or two or five years of separation. When the party wanting to get the divorce applies to the court, they will make a petition and be known as the petitioner throughout the process. The other party is known as the respondent. The petitioner will have to provide written evidence as to why the marriage has broken down including one of the facts written above. Most divorces are granted on the first two facts, adultery and unreasonable behaviour and stand undefended. To ensure the divorce goes smoothly, it can be a good idea for the petitioner to inform the respondent as to what they are going to include in the petition before they file it.

The divorce process has seven stages on average. It begins with the filing of the petition. The petitioner will have to provide the court with information as to why the marriage has broken down. If there are children involved the petitioner will also need to provide the court with a statement of arrangements which explains what will happen to the children after the divorce.

The next step is for the petition to be sent to the respondent along with a form for them to fill in and send back to the court. They will then have to decide if they want to dispute the petition, if they do they will have to fill in more forms and return them to court.

The petitioner will then have to confirm that what they have written in the petition is true by swearing on the affidavit.

The court will then pronounce the decree nisi and 43 days after this the petitioner can apply for the decree absolute which is the final stage of the divorce process.

Once the decree absolute is received the couple is legally divorced and they will no longer have any legal obligations toward each other.

The divorce process can be a long one depending on the circumstances of the people involved. Many couples will decide to go through the courts however, there are alternative divorce methods which can be a lot less expensive, time consuming and stressful than court proceedings, which are mediation and collaborative family law.

For more legal advice and information, and for free legal resources visit lawontheweb.co.uk.

Child Custody in a Divorce in Florida

If children are involved in your divorce in Florida you are probably concerned about child custody and visitation. The State of Florida has one overriding factor in child custody issues: What are the best interests of the children? This should also be the main concern of the parents. Divorce in Florida can be a traumatic experience for children and every effort should be made to reduce the emotional effect on them. You may be getting a divorce from your spouse but you will always be a parent.

In 2008 Florida divorce laws were changed drastically regarding child custody. The terms custody, visitation, primary residential parent and secondary residential parent were replaced by shared parental responsibility, time sharing and parenting plans. The courts were overwhelmed by parents fighting to be designated the primary residential parent. Florida divorce laws now encourage equal responsibility for all decisions that need to be made in a child's life.

In a divorce in Florida the parents will typically be granted shared custody of the child and equal rights in making joint decisions regarding the child's welfare. If there is major disagreement on some aspect such as education, religion or medical needs of the child the court may designate one parent primary control over that aspect.

In rare cases sole custody may be granted to one parent. This is usually based on child abuse, family violence or continuous conflict between the parents. Sole custody will only be granted by the courts where it can be proven that shared custody would be detrimental to the child.

In the final decree of a divorce in Florida there must be a parenting plan that explains the shared parental responsibility and time sharing schedule. Typically, these are agreed on by the parents or through mediation and compromise. If the parents cannot agree a trial will be held and the judge will make a decision based on Florida divorce laws. This may also involve a child custody evaluation by a third party such as a family counselor or psycologist. In theory the father and mother have the same divorce rights regarding parenting and time sharing but in practice the mother is typically given special consideration as the guiding force in the children's lives. Children over the age of 12 may be asked their preference regarding time sharing. Once the court has evaluated all of the evidence it will provide a parenting plan with details of the arrangement.

There are over 20 factors the Florida divorce laws consider in child custody. For more information on your divorce rights in child custody see the Uniform Child Custody Jurisdiction and Enforcement Act. Just remember that the State of Florida will be considering the best interests of the children and you should be doing the same. It is very important that the children are subjected to as little stress as possible in a divorce in Florida.

http://www.divorceinfloridainfo.com