A Divorce Lawyer’s Suggestions for Mediators

Posted by Scott on May 6, 2012 No comments

While the majority of divorce cases settle, many cases do not settle quickly or easily.  When you are a party in a divorce case that just never seems to conclude mediation is often required and is frequently the answer to your prayers.  The statistic that has gotten thrown around for a long time is that 80% of cases that go to mediation will settle.  Some lawyers and mediators will tell you that that percentage is way too conservative, that their percentage is more like 90% or 95%.   Either way, mediation is a very effective way to reasonably resolve an ongoing divorce battle and avoid the need for additional legal expenditures.

A recent article by a board certified family attorney addressed his suggestions for how mediators can settle their divorce cases more frequently.  His tips for mediators included avoiding arguing with the parties, avoiding letting the parties endlessly vent, and to almost never use joint sessions. A very good article and worth checking out if you are either a divorce lawyer, a divorce mediator, or are a party in a difficult divorce case.

Categories: Divorce, Family Law.
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Important Guidelines on Spousal Support

Posted by Scott on April 14, 2012 No comments

When a couple gets a divorce, one spouse may be held financially accountable for the other and may be required to pay spousal support. A spouse in a failed marriage or a common law relationship can claim to have spousal support. On the other hand, if you are not married or in a common law relationship, you can only claim spousal support if you have resided with your partner for two years prior to the separation and if the claim for support is made within one year after you separated.

Usually, the court will assign the spouse who financially supported the other during the relationship to be the one who will pay spousal support after the divorce. But if neither spouse became the financial supporter and both had their own incomes, neither will need to pay financial support to the other.

An excellent resource on this subject for those who are local to them is the Austin divorce firm of the Morgan Law Firm.

A court decides that spousal support should be issued by looking at a number of essential factors concerning the relationship and the separation which include the duration of the relationship, the roles that each spouse played in the relationship, the financial consequences that would possibly affect the children in the marriage, the financial stability of both spouses when they were in the relationship and after the separation, and the ability of each spouse to be able to support him/herself after the separation.

Several couples going through a separation or divorce are able to reach a fair and mutual agreement regarding spousal support without the need to go to court. The agreement typically forms part of a larger separation agreement that covers other issues such as child support, child custody or the division of property.

If you opt to work out your own spousal support agreement, it is recommended that you write it down and file it with the court. After it is filed, you can enroll it with the Family Maintenance Enforcement Program that will monitor your agreement and enforce it if needed, for instance, if your former spouse is not punctual in making payments, or refuses to pay.

If you cannot work out an agreement on your own, there are legal professionals who may be able to help you with the process which include family law mediators who are trained in assisting couples resolve family disputes and family law attorneys.

However, in some instances, reaching an agreement is not possible and you will need to go to court to let a judge decide. If you do need to go to court, the judge will make a court order that specifies the amount that you or your former spouse will need to pay spousal support and until when spousal support payments will end.

It is important to keep in mind that each case is unique and that there are laws that can only be applied in particular circumstances. Thus, before you make any final decisions about spousal support, it is still the best option to get legal advice from family law attorneys so that you may know the detailed steps to take that are appropriate for your case.

Categories: Divorce, Property.
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How Can Divorced Parents Foster Help Their Child’s Education

Posted by Scott on March 27, 2012 One comment

The parentinvolvementmatters.org website is dedicated to aiding parents who are trying to improve their children’s education by involvement and interaction with their children’s educators.  They recently posted an excellent article by divorce lawyer Scott Morgan on the subject of How Divorced Parents Can Foster their Child’s Education.

The post offers tips such as:

  • Staying involved with the child’s education even after divorce.
  • Avoid disparaging your ex in front of your child.
  • Encourage your children academically.

The post offers a lot of great detail on these overriding principles and why it is so important for divorced parents to really focus in on how they can help their kids in this area. Check out the post and let us know what you think about it and also your own experiences in this area.

Categories: Custody, Divorce.
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Excellent Post on Co-Parenting

Posted by Scott on March 24, 2012 One comment

The whatsbestforthenest.com blog posted a great article recently on how to effectively co-parent after a divorce. It emphasized issues like:

  • Don’t bad mouth your ex in the presence of your children (or preferably, not at all).
  • Figure out the best way to communicate with your ex for both of you (ie, in person, on phone, text, etc.).
  • Remember that while it is difficult, you are doing it for you kids and it is worthwhile.

Check out the full post and let us know what you think and if you know of any other excellent resources on the subject.

Categories: Divorce, Family Law.
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Some Excellent Divorce Information Resources

Posted by Scott on March 19, 2012 2 comments

Occasionally we like to scour the web and see if we can find some helpful divorce resources for our faithful readers to peruse. Well, we came up with a great batch this time. Take a look at these sites when you have time or are in need of quality information on family law and divorce.

  • HoustonDivorceLawyerForMen.com – This website has a target audience that is primarily men (obviously), but the truth is that a lot of women would also be well served by reading and internalizing the information provided.  Good solid resource.
  • California-Divorce-Info.com – This one focuses on California divorce law so it is a must visit for anyone divorcing in that state.  Also provides broader information than you might suspect based on its name.  Highly recommended.
  • GetRealZone.com – This website is divorce advice with a bit of an edge.  It doesn’t worry about hurting anyone’s feelings, it is pure divorce resources without any beating around the bush.  Not for the easily offended, but a great resource none the less.
  • PhiladelphiaDivorceResource.com – A local Philadelphia site that provides visitors with information on how to find the right attorney, move the case forward, and, for those in a hotly contested case, how to win.

Check out these sites and please let us know what you think in the comment section below.

 

Categories: Divorce.
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Collaborative Divorce

Posted by Scott on March 16, 2012 One comment

Getting a divorce is not always easy. Not only they are expensive but there is the underlying circumstance of having conflicts among parties involved. If you are planning to get a divorce, it is always wise to check your options and know what they are in order to have a smooth separation.

Collaborative Divorce is a new method of alternative dispute in family law. It enables the couples who have decided to end their marriage or to separate and to work with their lawyers. On other occasions, other family professionals in order to avoid any uncertainties in Court and as well as to achieve an agreement that best meets the specific needs of both couples and their children, if any, without the threat of contested litigation. This process is done when the couples agreed to sign a contract that binds each other to the process. This also means that their lawyers can no longer represent either one in any future family related litigation.

So how does this Collaborative Divorce work? This is done when both couples agree on a certain agreement with the help of a specially trained collaborative attorney. These attorney advices as well as help both parties in negotiating a settlement or certain agreement. This also involves meeting with your husband or wife and their respective attorneys on a regular basis as one of the requirement.

A collaborative divorce can also involve the custody of children or financial matters. What happens next is both spouses and their respective attorneys will sign an agreement that requires the attorneys to withdraw from the any case if the agreed settlement is not reached and if that case goes to court. Although collaborative divorce attorneys are helpful when it comes to settlements, however, they will not represent you if the case ends up in a divorce court, this is where you find a more adversarial attorney.

If both parties can come to an agreement, contacting the family court judge is a good idea that way he or she can sign the said agreement. Through collaboration, you and your soon to-be ex husband or wife can keep that contact manageable and brief. Once an agreement is established, the legal part of the divorce will be simple.

Having a divorce is not always a good thing for both parties especially when there are kids involved. But at least at some point, it could give a closure to both couples.

So how does Collaborative Divorce helps? There are a few things that can be benefitted from having a collaborative divorce. One of course is that, it can help cut down the expenses and conflict between two parties. It can help stabilize your situation through a temporary agreement, signed of course by both parties. Information exchange is nothing but voluntary. Negotiation works for both couples too rather than having conflicts with each other.

Overall, whatever you choose, may it be a collaborative approach or not, make sure that you are making the most of your time and money. This way you can get through a divorce with your moral standards and dignity still intact.

Categories: Divorce, Family Law.
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Petition for Divorce

Posted by Scott on February 4, 2012 2 comments

To start a divorce would mean filing a document that tells the judge what you want and why you are entitled to have them. This document is also known as the petition for divorce. In completing the petition for divorce, you must include some important information about you and your spouse. Basically, you are telling the court that you and your spouse cannot live together anymore and you want to have the ending of the marriage legally. Simply put, your petition for divorce states that one or both of you no longer wants to be married.

Most of the states would only need you to prove that there is irretrievable breakdown or irreconcilable differences to be able to get a divorce. File a petition for divorce with your local court if you are unhappy with your marriage. In the long run, the court may end your marriage even if your spouse thinks otherwise. Most states would like you to prove that you have lived there long enough for the court to have the jurisdiction to hear your case.

However, going through a divorce in some states do not make it easy for you. These states have longer cooling off periods, and in case one spouse does not want to get divorced, the other spouse would have no choice but to wait for his/her freedom. But if both spouses agree to terminate the marriage, there are ways to at least speed up the whole process. Furthermore, grounds such as abandonment, adultery, and insanity are need to be proven and alleged, depending on what state you reside.

If you have allegations, then you have to prove that things to the judge before he/she grants you a divorce. List your allegations separately in your petition for divorce. Imagine them as a check list of the things that the court might need to know to grant your petition. You may start by telling the court who you and your spouse are and how the judge’s staff may be able to contact you. The court need to know if it has the authority or jurisdiction, hence you have to also state how long you have resided in your state or county.

You also need to give the names and birth dates of your children so the court can determine if their support and custody are possible issues. State how long you have been married and give your wedding and separation dates. This information will decide on certain issues like debts and properties.

On the whole, you have to tell the court what you want them to do. Asking to dissolve your marriage will be your most important request. You will also need the court to rule child custody and support as well as the division of marital debts and property. You may request for an alimony and ask for assistance with the lawyer’s fees. And a woman may request the court that her last name be changed back to her maiden name if she wants.

If you have filed your petition for divorce, you need to wait for about a few weeks before you can finally end your marriage. The court is doing this because they are hoping you and your spouse would reconsider your decision. They are giving you the time to think over if you are not asking to divorce on impulse. The time starts to run the moment you first file your petition for divorce.

Categories: Divorce.
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Quickie Divorce

Posted by Scott on January 16, 2012 2 comments

Getting a divorce is probably one of the worst nightmares any couple could have. With all the processing, time, money and emotions involved it surely is one of the hardest ordeals anyone can have. Today, the divorce rate seemed to be sky-rocketing and so having a quick divorce will give benefit not only to the couple but also to those who are involved in the whole process, such as the children.

One of the main reasons as to why divorce is such a hard thing to go through is because of the social stigma that makes it more complicated. It seems like divorce is the last resort between couples who cannot work out their differences in their marriage. But today, there are new ways which can fasten the divorce process that can do more good to the separating couples than harm and pain when it comes to moving on with life.

On the other hand, a divorce becomes sluggish in the process when there are no options. But there is a solution to that for couples who want to have speed up the whole process and get a quickie divorce. Some get a legal divorce in foreign countries; this too has been proven as a faster way to end such marriage as well as cheaper than getting a domestic divorce.

Some couples would get a divorce in Mexico, Haiti or Dominican Republic since it is rather fast other than relying on the Canadian, European and US countries. And since in some countries, the jurisdictions are lengthy even though both ex spouses have moved on, they cannot benefit legally form new relationships because these proceedings take so long to get a final statement. These benefits include the home ownership rights as well as the health insurance.

Yes, a quickies divorce in a foreign country seemed to be a fast way out but sometimes it is more critical that it looks like. But if you really want to have your divorce finalized right away, then you need to have a plan and do not rush into getting one just because. First, you need to do some research, read something about the divorce laws in that foreign country you have in mind. Choosing a good lawyer in that foreign country is also a good idea but you also have to consider the cost, any residency requirements and etc, you will also have to make sure that this kind of divorce is recognized in your country or state.

Another fast way of getting a divorce is through companies that offer paralegal services and specializes in divorce. This is for those who are not interested in going to a different country to have their divorce done. With a company like this, you can save time, in a way that you will only have to wait for the final decision. There are no hearings, no proceedings and there are usually no court meetings. All you have to settle is an agreement on things with your ex spouse just that you want to have the marriage to officially end.

Yes, every divorce can be hard to both parties but they don’t have to be lengthy and painful too. By getting a quicker divorce only means that the ordeal between two parties can end more quick. Just be careful to pick the choice of divorce that you want that way you won’t regret any decision and the rest can run on its own course.

Categories: Divorce, Property.
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State Divorce Law

Posted by Scott on December 1, 2011 One comment

To be always certain that you are doing things correctly, you must have some knowledge in the state divorce law. You will obtain such knowledge when you do some research about the subject. You may want to visit your local law library that is usually located in or near the county courthouse. You can also find a library near a law school. In there, do not hesitate to ask the help of the law librarian in finding what you need. The law librarian cannot give you a legal advice, but is an expert in showing you where to find the books about a state divorce law and other books related to it.

Your major source of information would be the set of volumes that consist of the laws passed by your state legislature. Depending upon the state you are in, these are commonly referred as the code of your state or the statutes. Examples of these are the Mississippi Code or the Florida Statutes. The books may also include some words like annotated or revised in the actual title of the books. Examples are Kentucky Revised Statutes, Annotated California Code, Maine Revised Statutes Annotated, and Illinois Statutes Annotated.

The annotated means that the book contains the summaries of court decisions and other details that explain and define the law. Whereas, the revised one simply means that it is updated. Every year the legislatures meet and change the law, so it is important to secure the most current version. Therefore, asking the law librarian in finding your state divorce law would make it easier for you.

In the statute books, you can find the pages where they contain a summary and updates of the divorce laws in all states including the District of Columbia. All efforts have been put in those books to guarantee that all the information in the pages of the books is accurate, authentic, and complete. However, as mentioned above, divorce laws are subject to constant change, hence it is imperative to check directly on the correct divorce law book the legal points that are essential in your situation. You may also check with a lawyer to be sure that the law has not been changed.

While you are at the law library, you may also look for the books that are called the Practice Manuals that contain the information about the state divorce law in detail. The Practice Manuals include sample forms for various scenarios, and some are written in connection with the seminars for lawyers. These books are quite helpful answering questions regarding specific situations.

The rules of procedure that are practiced in the courts of your state are called the Court Rules. Court Rules may not be that important, but they are very helpful if the judge or the court clerk tells you that you have done something wrong. If that is the case, simply read the rules to figure out how to correct the issue. Also, the Court Rules contain some approved forms.

Moreover, the divorce is basically governed by the state’s specific divorce laws. In other words, the laws that are applicable in one state may not be applicable in another. Therefore, just focus on the divorce laws to the state you are in.

Categories: Divorce, Family Law.
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Child Custody Information for Fathers

Posted by Scott on November 16, 2011 One comment

Child custody for fathers after a divorce is one of the most essential aspects of an ending marriage. Throughout history, the legal presumptions regarding child custody for fathers has considerably changed. Children were regarded as the property of their father before the twentieth century. Child custody for fathers was commonly granted under common law as children were considered a father’s rightful property. A major change happened after this period in history as family courts came to favor mothers in child custody cases. It was recognized that under typical situations, children did better when placed in the sole custody of their mothers.

This notion shifted again after experts and lawmakers discovered that child custody for fathers was worthy of equal credence. The legal system began to understand that in most cases, children benefited most from having both parents in their lives as they grow up. However, most family courts still hold the belief that the primary caregiver during a marriage should be the main caregiver after a divorce.

As an effect of this outlook on child custody for fathers and mothers, mothers are still granted custody in seventy percent of all child custody cases. Joint custody for fathers and mothers is granted about twenty percent of the time. According to the family law statistics, sole custody for fathers is awarded less than ten percent of the time.

At present, family law judges will grant child custody rights depending on what will be the best interest of the children involved. Sole or joint child custody for fathers will be granted when a judge determined that the child will benefit most from that type of custody arrangement. Joint custody for fathers and mothers permits every parent to share rights and responsibility for the children as laid out in a parenting plan. A parenting plan will specify the rights of every parent with regards to who will make the major decisions affecting the child, who the child will reside with, where the child will spend his or her weekends, holidays or summers and other legal and physical custody matters.

There are several factors that the family court will assess to determine custody for fathers and mothers. The family court will often hear the testimony of children at any age.  However, special discretion is applied when younger children are involved. The court will often consider testimony from a psychologist who has assessed the child custody case in addition to the wishes of the child. This expert will base the recommendation on certain factors such as history of abuse or neglect, past parenting history, stability of the household, time available to dedicate to raising a child, personal behaviors, and other related factors.

When the family court system automatically favors maternal custody rights, child custody for fathers can be an uphill battle. Thus, it is really crucial to find a family law attorney in your area for you to be assured that you will be well-informed about your rights and obligations during a child custody case as well as know what to expect out of your particular situation.

Categories: Custody, Divorce, Family Law.
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